W9133L23R3010 Released.pdf

SEE ADDENDUM

(No Collect Calls)

W9133L23R3010 05-Apr-2023

b. TELEPHONE NUMBER

(703) 601-8258 X 8258

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 19 Apr 2023

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.

W9133L9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SCOTT A. CHANDLER

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

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NGB-AQ - W9133L

111 SOUTH GEORGE MASON DR

BLDG. 2, 4TH FLOOR

ARLINGTON VA 22204-1373

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

703-607-1742FAX:

TEL: 703 604-4186 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

532120

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 OF29

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.

W9133L23R3010

Section SF 1449 - CONTINUATION SHEET

PURCHASE DESCRIPTION

PURCHASE DESCRIPTION

FY23 CIVIL ENGINEERING (CE) MISSION BLACKFEET

RENTAL CE HEAVY EQUIPMENT

1. BACKGROUND INFORMATION. The Air National Guard (ANG) A3 has a requirement for rental equipment for the Air National Guard (ANG) Individual Readiness Training APEX (IRT) project at 1200 SW Boundary ST, Browning MT 59417. These vehicles are required to unload construction materials, perform site work, construct foundations, transport passengers, and haul materials/tools. It will also accomplish mission essential training for 600+ personnel.

2. RENTAL REQUIREMENTS

NOTE: The Government does reserve the option to vary quantities by+/- 30% due to operational requirements.

DELIVERY/RETURN

LOCATION

EQUIPMENT QTY START/END CAPABILITY

1200 SW Boundary ST, Browning

MT 59417

15 Passenger Van

5 30 MAY 2023-

30 AUG 2023

15 passenger

4 Passenger

SUV

3 30 MAY 2023-

30 AUG 2023

4 passenger 4x4

6 Pax truck 1 30 MAY 2023-

¾ ton 4x4 6 passenger

16’ Box truck 1 30 MAY 2023-

16’ box Lift gate

Tracked skid steer

1 30 MAY 2023-

30 AUG 2023

Diesel 90+ hp Tracked Bucket Forks

3.0. SCOPE

3.1 Equipment: The Contractor shall ensure rental equipment is delivered with all necessary original equipment parts in accordance with (IAW) the operator’s manual and have a full tank of fuel. All parts must be fully functional IAW the operator’s manual.

3.2. Quantity: The Government reserves the right to vary quantities by +/- 30% due to operational requirements.

The Government also reserves the right to increase or decrease the Period of Performance (PoP) dates due to mission requirements. In the event changes occur, the Contracting Officer (KO) will notify the Contractor within 24 hours to make adjustments accordingly. The Government shall not be charged for decreasing quantities or POPs due to mission changes. Any changes shall be prorated at the calculated daily amount to adjust for increasing or decreasing requirements.

3.3. Contractor’s Representatives and Supervisors: The Contractor shall have a company representative on call to respond to maintenance requests with full telephone coverage and authority to make decisions on behalf of the company on a 24-hour basis. The time for a required maintenance call starts when the Government calls the company representative. Lack of receiving capabilities by the Contractor does not relieve the Contractor of liability for the required service call timeframe to repair or replace equipment.

3.4. Delivery Instructions: Upon delivery all equipment shall be fully functional and be ready for use. All rental vehicles and equipment shall have a full tank of fuel upon initial delivery.

3.4.1 All Construction Equipment (List A): Equipment shall be delivered at a pre-coordinated time determined by the COR on 30 May 2023, to 1200 SW Boundary ST, Browning MT 59417.

3.4.2 Recovery of Rental Equipment: The Contractor shall coordinate with the Contracting Officer’s Representative (COR) for recovery of the rental equipment at the end of the PoP. The Contractor shall remove all rental equipment within 48-hours after the PoP. Should equipment remain in place beyond 48-hours, the Government is not liable for usage, theft, loss, damage, or replacement costs due to the Contractor's negligence to take possession of owned items. If for any reason the Contractor is unable to pick-up equipment, the contractor shall notify the KO in writing within 24-hours prior to scheduled pick-up date.

3.4.3. All Construction Equipment (List A): Equipment shall be recovered at time and date coordinated by the COR at 1200 SW Boundary ST, Browning MT 59417.

3.4.4. The Government will return the rental vehicles and equipment with any unused fuel and is not responsible for refueling nor paying any fees/cost associated with refueling of equipment at the end of the PoP for each location.

5 ton Dump truck

2 30 MAY 2023-

30 AUG 2023

10,000 lb capacity Diesel Air operated

Tailgate latch

10,000 LB

Telehandler

1 30 MAY 2023-

30 AUG 2023

Diesel 10,000 LB capacity 4X4 40’+ boom

500 gal Fuel tank

30 MAY 2023-

500 gal capacity Secondary containment 12V transfer pump

3.5. Rental Maintenance/Repairs/Replacements: The Contractor shall be available by phone to provide 24-hour repair and/or replacement services for the leased equipment, including all weekends and holidays, at the Contractor’s expense. The Contractor shall within 24-hours repair or replace the equipment. All repairs and replacement costs are included in the price. All backup units utilized in the event of primary failure shall be at no additional cost to the Government.

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

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

3.8. Inspection Sheets: All pre- and post-inspection/acceptance sheets must be provided to the KO and COR after joint completion by the COR and Contractor. Inspection sheets must be signed and dated. Both parties’ names must be printed legibly and signed. Pre & Post-Inspection Sheets shall be hard copies only and not by Portable Electronic Device or Portable Handheld Device. The COR is not authorized to sign any electronic device that the vendor uses.

3.9. Post Award Conference / Periodic Progress Meetings. The Contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contactor’s performance. At these meetings, the Contacting Officer (KO) will apprise the Contractor of how the Government views the Contractor’s performance and the Contractor shall apprise the Government of problems, if any, being experienced. The Contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

4.0. TERMS.

4.1. Claims. If a claim is submitted by the Contractor, it will require the joint inspection pre-and post-inspection/acceptance sheets to accompany the claim form. Both must be provided to the KO at the time of claim submission. The pre-and post-inspection/acceptance sheets must only be signed by the authorized receiving representative that is indicated in the contract. Inspection/acceptance sheets must be signed and dated. Both parties’ names must be printed legible and signed.

If a claim is submitted without the pre-and post-inspection/acceptance sheets, the claim is subject to be denied. The Contractor must submit their claim invoice in the following format:

CLAIM FORMAT

Item Description

Vin/Serial Number

Concise Damage Description to include date

Repair and Material Cost Authorizing

COR

5.0. CONTRACTING OFFICER'S REPRESENTATIVE AND THEIR AUTHORITY

5.1. The KO may designate individual(s) to act as the COR under this contract. The COR will represent the KO in the administration of the contract but will not be authorized to change any of the terms and conditions of the contract.

5.2. No oral statements of any person, whosoever will in any manner or degree modify or otherwise affect the terms of this contract. The KO shall be the only person authorized to approve changes in any of the requirements under this contract, notwithstanding any provisions contained elsewhere in this contract, and said authority shall remain solely with the KO.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5 Each 15 Passenger Van

FFP

Capabilities:

• 15 passenger

• 1 Ton

DATES: 01 MAY 2023- 30 AUG 2023

Delivery/Pickup Charges To Be Included in Cost FOB: Destination

PSC CD: W023

NET AMT

0002 3 Each 4 Passenger SUV

FFP

Capabilities:

• 4 passenger

• 4x4

DATES: 01 MAY 2023- 30 AUG 2023

Delivery/Pickup Charges To Be Included in Cost

0003 1 Each 6 Pax truck

FFP

Capabilities:

• 6 passenger

• 4x4

• 3/4 Ton

DATES: 01 MAY 2023- 30 AUG 2023

Delivery/Pickup Charges To Be Included in Cost

0004 1 Each 16’ Box truck

FFP

Capabilities:

• 16 Box

• Lift gate

DATES: 01 MAY 2023- 30 AUG 2023

Delivery/Pickup Charges To Be Included in Cost

0005 1 Each Tracked skid steer

FFP

Capabilities:

• Diesel

• 90+ hp

• Tracked

• Bucket

DATES: 01 MAY 2023- 30 AUG 2023

Delivery/Pickup Charges To Be Included in Cost

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 01-MAY-2023 5 N/A

0002 01-MAY-2023 3 N/A

0003 01-MAY-2023 1 N/A

0004 01-MAY-2023 1 N/A

0005 01-MAY-2023 1 N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

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 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.208-4 Vehicle Lease Payments APR 1984 52.208-5 Condition of Leased Vehicles APR 1984 52.208-6 Marking of Leased Vehicles APR 1984 52.208-7 Tagging of Leased Vehicles MAY 1986 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2022

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-14 Limitations On Subcontracting OCT 2022 52.219-28 Post-Award Small Business Program Rerepresentation OCT 2022 52.222-50 Combating Trafficking in Persons NOV 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-8 Liability and Insurance - Leased Motor Vehicles MAY 1999 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-3 Protest After Award AUG 1996 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 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

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

JAN 2023

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

(NOV 2021)

(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 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 specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(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.

(End of provision)

ADDENDUM TO FAR 52.212-1

FAR 52.212-1 is hereby amended to reflect the changes shown below as to the specific paragraph being revised.

Para (b) Submission of Quotes and Para. (f) Late Submissions, Modifications, Revisions, and Withdrawals of Quotes are hereby revised to include:

1. Offeror shall submit quote via email only to all email addresses listed below:

a. MAJ Scott Chandler, scott.a.chandler.mil@army.mil; and

b. Elizabeth Henderson, elizabeth.r.henderson6.civ@army.mil

NOTE: (1) The size restriction for attachments to emails on the US Government server is 8 MB.

2. The point of contact responsible for supplying additional information and answering all inquiries is the Contracting Officer via the Contract Specialist. All questions or concerns the offeror may have shall be submitted no less than 10 business days prior to solicitation closing. The applicable solicitation section or applicable specification paragraph shall be included in the questions.

3. INSTRUCTIONS FOR WRITTEN SUBMITTALS

3.1 The Government intends to award a single contract to a small business to the quote that represents the overall best value to the Government. The basis for award is Price Only.

The Government intends to evaluate quotes and award a contract without negotiations. Therefore, the Offeror's initial quote should contain the Offeror's best terms from a technical and price standpoint.

However, the Government reserves the right to conduct negotiations as determined by the Contracting Officer to be necessary.

The Government may reject the quote if such action is in the public interest; and waive informalities and minor irregularities in the quote. The Government reserves the right to permit the Offeror to revise their quote if the Government thinks it is in its interest to do so.

3.2 Quote Format and Content: All text shall be single-spaced and 12-point Times New Roman font. Types of acceptable media are Word or PDF document compatible with MS Word 2016 or Adobe Reader

9. Offeror shall confine submissions to essential matters, sufficient to define the quote and provide adequate basis for evaluation. Proprietary information shall be clearly marked. Each quote shall contain:

Volume Title Page Limitations

I 1. “SOLICITATION/CONTRACT/ORDER FOR

COMMERCIAL ITEMS” shall be completed and signed by an official authorized to bind the Offeror. Acknowledge ALL Amendments, if any.

2. Representations and Certifications:

a. Completed FAR 52.212-3 ALT I Offeror Representations and Certifications -- Commercial Items (Nov 2013) – fill in and sign.

b. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment – fill in and sign.

1. No limitation

2. No limitation

VOLUME I – Quote and Representations and Certifications:

3.2.1 The Offeror shall complete:

a. Blocks 12, 17a, 30a, 30b, and 30c of SF 1449 shall be completed by an authorized official of the firm.

b. FAR 52.212-3 - Offeror need only complete paragraph b of the above clause, if applicable.

c. FAR 52.204-24 – Offeror shall fill in and sign.

3.2.2 Acknowledgment of all Amendments to the solicitation (if any amendments are issued).

3.2.3 The quote shall communicate the Offeror’s unconditional assent to the terms and conditions in this solicitation, including any attachments and documents incorporated by reference. The Offeror’s failure or refusal to assent to any of the terms and conditions of this solicitation or the Offeror’s imposition of additional conditions or any material omission in its quote may make the quote unacceptable to the Government.

3.3 VOLUME II

Factor I - Price: Offeror shall complete and submit the “Schedule of Supplies/Services” for Contract Line Item Number as referenced in Schedule. The offeror shall also submit itemized pricing for each item listed in the Purchase Description.

Para (d) Product Samples. This paragraph does not apply.

Para (h) Multiple Awards. This is amended as to state that only one award will be made from this solicitation.

Para (i) Availability of Requirements document cited in the solicitation. This paragraph does not apply to this Solicitation.

4.0. TERMS.

4.1. Price: Price shall include delivery, pickup and operation of related equipment as applicable on the last day of the PoP. Price information will be submitted with the offer as follows:

Any offers submitted without the above information are subject to denial due to not meeting the requirements of the rotational unit.

(End of Addendum)

II Factor I - Price to include complete the Schedule Supplies/Services for all contract line items (CLINs). The offeror shall submit itemized pricing for each item listed in the Purchase Description.

No Limitation

III Past Performance Information: The Offeror may provide information on problems encountered on previous or ongoing contracts and the offeror’s corrective actions.

One (1) page

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: see addendum to FAR 52.212-2

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

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

(End of provision)

ADDENDUM TO FAR 52.212-2

The Government intends to award a Firm-Fixed Price Delivery Order to the lowest priced responsible offeror who offers products that are technically acceptable, i.e. conform to the solicitation’s minimum requirements, characteristics, and features. The Government will evaluate quotes for technical acceptability to include physical, functional, and/or performance characteristics as specified in this RFQ. Vendors are responsible for adequately demonstrating, at time of quote submission, that all offered products meet the requirements. To be considered technically acceptable, Vendors must quote on all CLINs; no partial awards will be made. Offers will not be accepted after 10:00 PM EST 19 April 2023. All questions or requests for information will not be accepted no later than 11 April 2023 5:00 PM EST.

Please note: The Government will review only the lowest total evaluated price quote for technical acceptability. If not acceptable, the Government will progress through the remaining quotes based upon the next lowest total evaluated price until quote is determined to be technically acceptable.

1. Technical Acceptability. Offerors shall provide a detailed description of each item that meets all minimum salient characteristics within the PD. The Government will evaluate the offeror’s quote for technical acceptability.

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Quote meets the requirements of the solicitation.

Unacceptable Quote does not meet the requirements of the solicitation.

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

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

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

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

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

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

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

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

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

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

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

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

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

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

____ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

____ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (OCT 2022) (15 U.S.C. 632(a)(2)).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

____ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____ (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

____ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

____ (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

____ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

____ (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

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

____ (40)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

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

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer…