B08 Solicitation Amendment -W91RUS25R000400002-.pdf

PDF 903 KB Posted

Attached to
Fire Alarm System Install Federal contract opportunity
Solicitation number
W91RUS25R0004
Issued by
Department of the Army Materiel Command Army Contracting Command Aberdeen Proving Ground

About this file

This is a 37-page solicitation amendment (W91RUS25R0004-0002) issued by the Army Contracting Command at Aberdeen Proving Ground for installing a fire alarm system at Building 54380 at Fort Huachuca, Arizona. The requirement is for a turnkey fire alarm reporting system including a Monaco MAPP Addressable fire alarm control panel, smoke detectors, pull stations, monitor modules, and control modules for HVAC shutdown, along with monitoring of an existing clean agent suppression system.

The solicitation is a 100% small business set-aside with NAICS code 238210 and a size standard of $19 million. Proposals are due by 09:00 AM MST on January 27, 2025. A site visit is scheduled for December 19, 2024 at 09:00 AM. The period of performance is 60 working days after Notice to Proceed. The project is limited to businesses within a 200-mile radius of Fort Huachuca, though companies outside this radius may bid if they have a satellite office within the area. Award will be made on a lowest price technically acceptable basis considering technical approach and price factors. The contractor must submit drawings for approval prior to work, provide one year warranty on equipment and cable, and test/commission the system with the fire department.

View the file

Other files for this federal contract opportunity

Other files attached to Fire Alarm System Install, newest first.
File Type Posted
Questions and Answers.docx DOCX document
Fort Huachuca Project Specific Requirements.pdf PDF
Architectural Drawings.pdf PDF
Questions and Answers.docx DOCX document
B08 Solicitation -W91RUS25R0004-.pdf PDF
Amendment -W91RUS25R0004P00001-.pdf PDF
Limit Comp. JA -Monaco Fire Alarm-_Redact.pdf PDF
Solicitation -W91RUS25R0004-.pdf PDF

On GovTribe

Work with this file on GovTribe

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

SEE ADDENDUM

(No Collect Calls)

W91RUS25R0004 05-Dec-2024

b. TELEPHONE NUMBER

520-692-1460

8. OFFER DUE DATE/LOCAL TIME

09:00 AM 27 Jan 2025

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W91RUS9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NEIL MENDIOLA

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0012212084

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

ACC-APG - HUACHUCA DIVISION

2133 CUSHING ST

BLDG 61801 RM 3410 (MB 52)

FORT HUACHUCA AZ 85613

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 W61DD3 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

ELECTRONIC PROVING GROUND

KIMBERLY FRIEND

USA ELECTRONIC PROVING GROUND

BLDG 90201 BRAINARD RD

FORT HUACHUCA AZ 85613

TEL: (520) 538-2359 FAX:

(520) 538-1838FAX:

TEL: (520) 538-1376 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,000,000

NAICS:

238210

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 OF37

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.

W91RUS25R0004

Section SF 1449 - CONTINUATION SHEET

ADDENDUM 52.212-1

INSTRUCTIONS TO OFFEROR-COMMERCIAL ITEMS.

1. Please fill in (write/type) On the First Page of the Standard Form 1449 Solicitation, Blocks 17a, 30a, 30b, 30c.

2. Fill in ALL Pricing and All Applicable TAXES on ALL Contract Line Items (CLINs). Please TOTAL ALL CLINs, IN YOUR QUOTE to show an overall FINAL Price and include ALL shipping charges as FOB Destination. Attachment(s) to the SF 1449 please ensure your cost on the attachment matches your entry, if applicable.

3. Please provide a detailed breakdown or narrative of what is being provided to meet the requirement. Do not copy and paste the line item information from the RFQ to your bid as this will classify a bid unsuccessful in the technical evaluation process. We require detailed descriptive information on all bids.

4. Vendors quotes shall propose a sufficient period of performance in response to the solicitation. In addition if a re-instatement fee is applicable that shall also be included the quoted price as well as the period of performance for the re-instatement.

5. Include the delivery lead-time.

6. Provide the following information with your offer:

a. POC Name: __________________________________

b. POC Phone Number: ___________________________

c. POC E-Mail: __________________________________

7. RESTRICTIONS: This project will be limited to businesses within a 200 mile radius, within the United States of America’s borders, of Fort Huachuca, Arizona. A company outside the radius may be able to bid if they can provide proof of address of a satellite office operating under their business name is within the radius.

8. The Government will award a Firm Fixed-Price contract resulting from this solicitation on an all or none basis.

The offer shall meet all terms and conditions of the solicitation and shall detail the offered solution in their quote or attach a data specification sheet.

9. Questions about the solicitation are to be directed to the Purchasing Agent directly. All Questions shall be submitted electronically via email before the Question due date of 15 January 2025. The Offeror does not have to wait until this due date to ask any questions. Any questions received after the stated due date may go unaddressed.

10. Quote/Proposal shall be received electronically via e-mail not later than 09:00 A.M. MST (Arizona), on 27 January 2025.

Additional Information

1. Vendor invoicing shall not be submitted prior to proof of delivery that items have been received and inspected by the government.

2. This requirement will be paid using Wide Area Work Flow.

3. Per DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports, the vendor shall submit combination payment requests (invoice and receiving report) using Wide Area Work Flow Receipt and

Acceptance (WAWF-RA) or other methods authorized by the Contracting Officer. Failure to comply could result in delayed payment.

4. Remit Questions/Quote to:

Neil Mendiola Purchasing Division Commercial Acquisition Branch Army Contracting Command (ACC)-APG Huachuca Division Email: neil.s.mendiola.civ@army.mil

(End of Addendum)

ACWS TRANSITION INFORMATION

Army Contract Writing System (ACWS) Transition Information for Offerors

a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation.

b. During this transition period, Offerors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any). Due to this:

i. This solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (e.g. requiring offer submission via the PIEE Solicitation Module vs. e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer.

ii. If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.

iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer.

2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Offeror, may still be the first to spot such errors. Therefore, Offerors shall:

i. Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award.

ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.

iii. Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances.

3. The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms.

4. In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:

i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.

ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.

iii. Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement.

iv. Will issue a complete, properly-formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal.

(End of ACWS Transition Information)

STATEMENT OF WORK

Statement of Work (SOW) Building #:54380

Provide and Install Fire Alarm System Fort Huachuca AZ

1.0 Project Background

1.1 Desk estimate to procure, supply and install a turnkey fire alarm reporting system in Building 54380 installed per fire code and design approved by the Authority Having Jurisdiction (AHJ) for the EPG GPS Dynamic Array. The fire detection system is needed to alert the fire department if there is smoke or fire in a building. There is an existing Fire Suppression System in the building, this requirement is specifically to procure a Fire Alarm System to be installed.

2.0 Proposal Requirements

2.1 The Contractor shall provide a proposal in accordance with the NFPA72, local AHJ and this SOW.

Procure, supply and install new Monaco MAPP Addressable fire alarm control panel, FACP smoke detector, pull stations, Monitor, smoke and control modules for HVAC shut down and any other miscellaneous accessories. Make connections to, and monitor, clean agent suppression system furnished by others.

3.0 Statement of Work

3.1 Following an initial site visit, the Contractor shall submit drawings for Customer approval prior to the start of any work. Instructions to apply for the Site Visit shall be attached.

3.2 Determine precise location in accordance with (IAW) the submitted and approved drawings and with the Project Manager.

3.3 Provide head-end equipment, field devices and programming of a fire alarm system.

3.4 Provide Fire Marshall/AHJ with engineered approved plans and cad drawings with battery backup/standby and alarm load calculations.

3.4.1 Provide and install all electrical needed to power the system. 120vAC powered circuits, conduits, raceway, back boxes, electrical boxes, fittings and outlets from the power supply to the panel.

Supply and install an addressable SLC and NAC FPLR wire and cables as needed.

3.4.2 All head end control equipment and field devices require termination.

3.4.3 Include one year Warranty on equipment and cable. Provide training to building owner and operators. Provide as built shop drawing in accordance with the NFPA code and AHJ.

3.5 Test and commission the whole system with fire department.

3.6 All equipment shall meet the buy American act.

4.0 Schedule

4.1 The project shall be 100% complete and ready for final inspection no later than 60 working days after the

Notice to Proceed (NTP). The Contractor’s schedule shall be submitted with the proposal.

4.2 A schedule shall be submitted at the time of the kick-off meeting. The schedule shall be in the form of a progress chart of suitable scale to indicate the percentage of work scheduled for completion at any given date during the period. The schedule shall take into consideration anticipated adverse weather that could preclude progress, long-lead equipment or materials critical to the completion of the project, review periods for submittal items requiring Government review and approval, air quality control permitting process, and other events and milestones as necessary.

5.0 Occupancy

5.1 The grounds included in the scope of this contract will be occupied. Parking for Contractor personnel shall be generally at the temporary parking lot. The laydown yard shall be within the limits of project.

6.0 Drawings/Submittals

6.1 Drawings are required. The Contractor shall submit revised drawings with sufficient detail prior to project start.

6.2 Progress schedule shall be submitted weekly.

6.3 Equipment Logs are not required (showing run time of equipment).

7.0 Material, Standards, Codes, Regulations, and Workmanship (FAR 52.236-5, Material and Workmanship)

7.1 All materials and equipment shall be new unless otherwise specified. All work shall be completed in accordance with the plans and specifications, applicable industry standards, UFC, UFGS, NFPA, ASHRAE, NEC, SMACNA, NEBB, AABC, MUTCD, SDDCTEA, and AASHTO standards; federal, state and local codes, regulations of EPA, OSHA, NEPA, and MSHA, if required; Network Enterprise Center (NEC) and SSVEC requirements; Fort Huachuca Energy Policy and Army Energy and Water Management Program. All government permits, certifications, lead paint and asbestos analyses, if required, etc. shall be obtained by the Contractor prior to commencement of work or prior to beginning construction and are the specific responsibility of the Contractor (Federal, State and local governments). For this project, this project must meet the latest edition of the UFC 3-260-05A, MUTCD and AC 150/5340-1L.

7.2 The Contractor shall obtain specific approval for all materials and equipment that vary from the standards established herein. All work shall be performed in a skillful and workmanlike manner to current applicable industry standards and in accordance with manufacturer instructions. Work requiring certified craftsmen shall be performed by certified personnel. Proof of such certification, training, or other qualifications shall be made available to the Government upon request. If the manufacturer of any product used in accomplishing this project has published an installation and/or operation manual, such manual shall be followed in its entirety. If any organization such as, but not limited to, APA or ANSI publish any construction guide, it will be followed as applicable to this project. If the manufacturer’s manual deviates from any established code, regulation, local requirement or this scope of work, such deviation shall be brought to the attention of the government representative before award, for written resolution. A revised scope of work will be issued to specify such resolution and incorporated in any resulting award.

7.3 The Contractor shall comply with all Federal, State and Army Environmental requirements. Ensure Contractor responsibilities and operating limitations are noted in proposal [i.e. a Storm Water Pollution Prevention Plan (SWPPP) shall not be required]. Contractor shall keep all required records as stated in section 8.4 (and any others as required by Federal/State authorities) and submit to the government.

7.4 Air, water, asbestos, lead based paint and hazardous waste, among others, need to be covered in any construction, demolition or renovation contract; thus, the Contractor is required to maintain all record-keeping and submit it to the appropriate government entity at the appropriate time, with a copy sent to the DPW COR.

8.0 Testing Requirements

8.1 Test and commission the entire system with the fire department and government POC.

9.0 Superintendent

9.1 A dedicated Project Superintendent is not required for this Task Order.

10.0 Quality Control Plan

10.1 A Task Order Quality Control Plan is not required.

(End of Statement of Work)

SITE VISIT INFORMATION

Where: 2000 Arizona Street Fort Huachuca, Az. 85613

When: Thursday, Dec. 19, 2024 Start Time - 09:00 A.M.

End Time – After Questions and discussions Site Visit POC: Kimberly A. Friend

Instructions:

Any party interested in attending must notify Contracting, via email, at least 7 days prior to the stated date.

Please label the subject line of the email “Request to Attend Site Visit. Ref: W91RUS25R0004”. Include in email;

o Name of Company, o Number of attendees, o Name of Attendee/s, o Attendee’s Contact information.

Access to Ft. Huachuca: If not able to automatically enter the base, you must enter the visitor’s center at the main gate to obtain a Pass for entrance. Stay on right lane and enter the second parking lot. First parking lot is for commercial delivery vehicles.

Access to Facility: Attendees will have to sign in with Banister Hall Visitors Facility (Small building outside of the main building). Once all signed in all Vendors shall be escorted to Work Site for Site visit.

Directions to Visitors Facility:

1. Head South on AZ-90.

2. Turn right onto Hatfield St. (First street light intersection of Sierra Vista).

3. Enter Fort Huachuca (must enter Visitor’s Center to gain access to base).

4. Continue down Hatfield St.

5. Turn right on Hunt Road.

6. Hunt Road ends at stoplight.

7. EPG parking lot is across the street.

8. EPG visitor control building is in the North East corner of parking lot.

a. Gathering place for meeting, will be escorted to Dynamic Array site.

9. EPG Main Building is 2000 Arizona Street.

(End of Site Visit Information)

ATTACHMENTS

List of Attachments:

Architectural drawings Questions and Answers

(End of Attachments)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

FIRE ALARM

FFP

Refer to "Statement of Work" for more details.

FOB: Destination MFR PART NR: ALARM Install

PURCHASE REQUEST NUMBER: 0012212084

PSC CD: N063

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 03-FEB-2025 TO

04-APR-2025

N/A ELECTRONIC PROVING GROUND

KIMBERLY FRIEND

USA ELECTRONIC PROVING GROUND

BLDG 90201 BRAINARD RD

FORT HUACHUCA AZ 85613

(520) 538-2359 FOB: Destination

W61DD3

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management NOV 2024 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

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

NOV 2023

52.219-28 Post-Award Small Business Program Rerepresentation FEB 2024 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-2 Service Of Protest SEP 2006 52.236-5 Material and Workmanship APR 1984 52.237-1 Site Visit APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

Officials

SEP 2022

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

MAY 2024

252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7007 Prohibition on Acquisition of Certain Items from Communist

Chinese Military Companies

DEC 2018

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Alt II Transportation of Supplies by Sea (OCT 2024) Alternate II OCT 2024

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.

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

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

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

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

(b) The Offeror represents that--

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

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

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

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.

Award will be made on a lowest priced technically acceptable basis (Considering the following two factors:

technical, and price.) All Offerors shall be considered in terms of price, lowest to highest, and then the apparent lowest-priced Offeror will be evaluated for acceptability under the technical and price factors. If the lowest price Offeror is evaluated as unacceptable, the acceptability of the next lowest-price Offeror will be evaluated, continuing this process as necessary.

The following factors shall be used to evaluate offers:

1.) Volume One (1): Factor 1- Technical 2.) Volume Two (2): Factor 2- Price

3.) Factor 1- Technical:

a. The Offeror’s proposal shall describe, in detail, the proposed technical approach for performing all tasks in the PWS. This shall include how the contractor prepares for a specific task, their detailed technical approach to carrying out the tasks, and the process(es) by which the tasks shall be conducted to ensure that they are completed on schedule.

b. The Offeror shall provide the Government the Offeror’s proposed schedule for completion along with the number of personnel that will be performing work on this task. The schedule shall detail how the contractor plans to phase the work to cause the minimum amount of impact on the Government.

4.) Factor 2- Price:

a. The Offeror shall submit pricing for all Contract Line-Item Numbers (CLINs).

b. The Offeror may include a price narrative inclusive of assumptions or other explanations that will assist the evaluator in understanding their quoted price, if desired.

5.) 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 there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

6.) The Government intends to evaluate and award without discussions; however, if deemed necessary; notifications will be provided electronically.

7.) The following reading definitions will be used for this evaluation:

Adjectival Rating Description Acceptable Proposal meets the requirements of the solicitation Unacceptable Proposal does not meet the requirements of the solicitation

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

COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern--

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

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

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

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

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

CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

"Women-owned small business concern" means a small business concern--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

(6) Women-owned small business concern. (Complete only if the offeror represented itself as…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .