Brand Name API Technologies Low Noise Amplifier

Closed Solicitation Posted

Solicitation number
N66001-20-Q-6862
Agency
Naval Information Warfare Systems Command Department of the Navy, Department of Defense
Responses due
Set-aside
No set-aside

Opportunity facts

NAICS code
334220 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
PSC
59 Electrical/Electronic Eqpt Compnts
Place of performance
4297 Pacific Highway San Diego, California 92110, United States

Notice details come from SAM.gov. Updated .

Notice text

2 versions

Update #2 · Latest ·

*Amendment 0001 dissolves small business set-aside. Please see attached PDF for copy

of solicitation conformed through Amendment 0001, required provisions, and redacted

JNCP.

-----------------------------------------------------------------

This is a combined synopsis/solicitation for commercial items prepared in accordance

with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented

with additional information included in this notice. This announcement constitutes the

only solicitation; quotes are being requested and a separate written solicitation will not

be issued. This enclosure is an addendum to FAR provision 52.212-1, Instructions to

Offerors – Commercial Items, which applies to this acquisition.

Competitive quotes are being requested under Request for Quote (RFQ) Number N66001-20

20

20

20-Q-6862. The North American Industry Classification System (NAICS) code applicable

to this acquisition is 334220, Radio and Television Broadcasting and Wireless

Communications Equipment Manufacturing and the small business size standard is 1,250

(# of employees). This is a Brand Name Only requirement, with no substitutions. This

RFQ is open to Large and Small Business Offers.

DESCRIPTION OF REQUIREMENTS

The Government is seeking to acquire a brand name API Tech/Spectrum Microwave Low

Noise Amplifier. To be considered acceptable and eligible for award, quotes must provide

all of the items and quantities listed below. The Government will not consider quotes or

offers for partial items or quantities. Anticipated contract line items are as follows:

Item No. Part No. Description Qty. Unit of Issue

0001 310-025016-005 Low Noise Amplifier;

Centered at L1 & L2 Frequencies 25 Each

0002 N/A *Shipping and Handling 1 Each

*If not included in item price.

The expected delivery date: 1 NOV 2020; offeror to provide lead times.

The Government is seeking Free on Board (FOB) Destination pricing to the following

shipping address:

Attn: Receiving Officer

Naval Information Warfare Center Pacific (NIWC PAC)

4297 Pacific Highway, Bldg OT7

San Diego, CA 92110-5000

OFFEROR INSTRUCTIONS

The Government intends to award a Firm Fixed Price contract resulting from this

solicitation to the responsible offeror whose quotation conforming to the solicitation

represents the most advantageous offer as defined in the 'EVALUATION FACTORS FOR

AWARD' Section below. A complete quote must be received for consideration. Respond

to each item listed below, if the response is "None" or "Not applicable," explicitly state

and explain. The Government may consider quotes that fail to address or follow all

instructions to be non-responsive and ineligible for contract award. A complete quote

includes a response and submission to each of the following:

1. General Information: Offeror Business Name, Address, Cage and DUNS Codes

(ensure Representation and Certifications are up to date in SAM.gov), Business Size and

Type of Small Business based on applicable NAICS Code as provided above, Federal Tax

ID, Primary Point of Contract (to include telephone and e-mail address) and provide a

GSA contract number if some or all items proposed are on the GSA schedule. FAR

provision 52.212-3, Alternate I, Offeror Representations and Certifications – Commercial

Items, applies to this acquisition. Offerors must include a completed copy of this

provision with offer.

2. Technical Documentation:

a. Technical Approach or Specifications: The "Brand Name" item (including part

number) along with the salient physical, functional, and performance characteristics that

a "Brand Name" product must meet are specified in the item descriptions given in the

table above. Offerors shall provide a quote (no page limit) that identifies the Brand Name

item. Additionally, offerors shall specify delivery timeframes in their quote that meet or

exceed the required delivery timeframe specified above. The offer must address and

meet the requirements/specifications as defined under Technical Factor I below.

b. Sustainable Acquisitions Information and Certification: The contractor shall comply

with all sustainable acquisition policies in an effort to minimize the Government's

environmental impact and deliver community benefits through better selection and

improved usage of products and services. In accordance FAR 23, sustainable acquisition

policies apply to both contracts for supplies and services that require the delivery, use, or

furnishing of products/services to the Government. Indicate if any the following

sustainable acquisition categories apply to any products or services proposed: Energy

Efficient, Water Efficient, Recycled, Bio-Based, Environmentally Preferable, Non-ozone

depleting substances, Less Toxic and/or Less GHGs.

c. Authorized Source Confirmation: The following product certification statement

below applies to line item 0001 and each offeror must submit supporting documentation,

as needed:

To be considered for award, the offeror/contractor is required to submit documentation

confirming that they are an authorized source. An "Authorized Source" is defined as the

original manufacturer, a source with the express written authority of the original

manufacturer or current design activity, or an authorized aftermarket manufacturer.

d. Counterfeit Information Technology (IT) Certification: The following IT related

statement applies to line item 0001 and each offeror must explicitly confirm and submit

supporting documentation, as needed:

The offeror certifies that the product(s) being delivered are new and in their original

packaging. The subject product(s) are eligible for all manufacturer warranties and other

ancillary services or options provided by the original manufacturers, authorized suppliers,

or suppliers that obtain parts from the manufacturer or its authorized supplier.

The offeror further certifies that it is authorized by the manufacturer to sell the product

(s). The offeror is required to submit documentation identifying its supply chain for the

product(s). Within the aforementioned documentation, the offeror shall also identify the

country of manufacture and indicate one of the following, if applicable:

• Manufacturing occurs in the U.S., but more than 50% of the cost of components is

from foreign/nonqualifying country content

• Originally foreign manufactured products substantially transformed in the United

States or a designated country

The offeror assumes responsibility for authenticity. Costs of counterfeit parts are

unallowable unless the conditions set forth in DFARS 231.205-71(b) are met.

By making an offer, the offeror acknowledges that a full or partial termination for

default/cause for non-compliant awarded items may occur if any of the products provided

are not recognized or acknowledged by the manufacturer as new products eligible for

warranties and all other ancillary services or options provided by the manufacturer, or

the offeror was not authorized by the manufacturer to sell the product in the U.S.

3. Price Quote: Submit complete pricing for each individual item listed in

the "DESCRIPTION OF REQUIREMENTS" Section above to include the unit of issue, the

extended price for each line item and a total price in US Dollars ($). Note: Ensure FOB

Destination shipping costs are included in the pricing.

4. Commercial Warranty: If available, provide the terms and length of the

Workmanship and/or Manufacturer Warranty on the product(s) and/or services proposed

included in the proposed purchase price.

EVALUATION FACTORS FOR AWARD:

Basis for Award: The Government intends to award a contract to the most advantageous

offer, price, technical, and past performance combined, who is registered in the System

for Award Management (SAM); however, the Government reserves the right to award no

contract at all, depending on the quality of quotes submitted and availability of funds. An

offer will be considered non-responsive if technical acceptability is not met. Completion of

applicable provisions is required prior to award. Quoter refusal to complete required

provisions will make that quoter ineligible for award. Technical Acceptability is defined in

Factor I below.

Factor I – Technical: The Government will evaluate the quote to see if the following

specification requirements are met to include all information required for a complete

quote as defined in paragraph 2 above:

This requirement contains supplies that are Brand Name pursuant to FAR 11.105, Items

Peculiar to One Manufacturer. To be considered for award, the offeror is required to

certify that the product being offered is an original, new, and Trade Agreements Act

(TAA) compliant (reference 2(c) above) API Tech/Spectrum Microwave product. The

Government will only accept the required brand name product as specified in Attachment

1 – Approved (Redacted) JNCP.

Factor II – Price: The Government will evaluate the total price to determine if it is fair

and reasonable. The price quote shall include a unit price for each item and a total firm-fixed

fixed

fixed

fixed-price for all line items. The total firm-fixed-price shall include all applicable taxes,

shipping, and handling costs to the shipping address listed above as outlined in

paragraph 3 above.

Factor III – Past Performance: The basis for award will consider the supplier's past

performance data in the Supplier Performance Risk System (SPRS) for the FSC and PSC

of the supplies being purchased (see DFARS 213.106-2(b)(i)). The PSC for this

procurement is 5915.

DUE DATE AND SUBMISSION INFORMATION

Eligible Offerors: All offerors must have a completed registration in the System for Award

Management (SAM) website prior to award of contract. Information can be found at

https://www.sam.gov/. Complete SAM registration means offerors shall have registered

CAGE and DUNS Codes.

Page Limitations: Ensure to stay within the page limitations as follows: N/A

Formatting Requirements: Submit quotes in electronic PDF or Excel format; and text

shall be formatted on an 8 ½ by 11 inch page in 12 point Times New Roman font.

Questions Due Date and Submission Requirements: All questions must be received

before 22 SEP 2020 at 2:00 PM, Pacific Time. Questions must be uploaded on the

NAVWAR e-Commerce website at https://e-commerce.sscno.nmci.navy.mil, under NIWC

Pacific/Simplified Acquisitions/N66001-20-Q-6862. Include RFQ# N66001-20-Q-6862 on

all inquiries. Questions may be addressed at the discretion of the Government.

RFQ Due Date and Submission Requirements: This RFQ closes on 23 SEP 2020 at 2:00

PM, Pacific Time. Quotes must be uploaded on the NAVWAR e-Commerce website at

https://e-commerce.sscno.nmci.navy.mil, under SSC Pacific/Simplified

Acquisitions/N66001-20-Q-6862. E-mail quotes or offers will not be accepted and late

quotes will not be accepted.

NAVWAR e-Commerce website Assistance: For e-Commerce technical issues, contact the

SPAWAR Paperless Initiatives Help Desk at 858-537-0644 or paperless.spawar@navy.mil.

Government RFQ Point of Contract: The point of contact for this solicitation is Casey

Carlson at casey.carlson2@navy.mil. Reference RFQ# N66001-20-Q-6862 on all email

exchanges regarding this acquisition.

RFQ ATTACHMENTS

1. Attachment 1 – Approved Brand Name JNCP

APPLICABLE PROVISIONS AND CLAUSES

This solicitation document incorporates provisions and clauses in effect through Federal

Acquisition Circular (FAC) 2020-08 and Defense Federal Acquisition Regulation

Supplement (DFARS) Publication Notice (DPN) 20200605. It is the responsibility of the

contractor to be familiar with the applicable clauses and provisions. The clauses can be

accessed in full text at https://www.acquisition.gov/content/regulations.

The following FAR and DFARS provisions, incorporated by reference, apply to this

acquisition:

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (JUL 2019)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2020)

52.204-26 Covered Telecommunications Equipment or Services-Representation (DEC

2019)

52.212-1 Instructions to Offerors—Commercial Items DEVIATION 2018-O0018 (JUN

2020)

52.212-3 Offeror Representations and Certifications—Commercial Items (AUG

2020)

52.252-5 Authorized Deviations in Provisions (APR 1984)

252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV

2011)

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

(OCT 2016)

252.204-7016 Covered Defense Telecommunications Equipment or

Services—Representation (DEC 2019)

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation (DEC 2019)

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk

System in Past Performance Evaluations (SEP 2019)

252.225-7974 Representation Regarding Business Operations with the Maduro Regime

DEVIATION 2020-O0005 (FEB 2020)

252.239-7017 Notice of Supply Chain Risk DEVIATION 2018-O0020 (FEB 2019)

FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items applies to this acquisition and includes the

following clauses by reference:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT

2018)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)

52.204-25 Prohibition of Contracting for Certain Telecomunications and Video

Surveillance Services or Equipment (AUG 2020)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors

Debarred Suspended, or Proposed for Debarment (OCT 2015)

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

52.219-28 Post-Award Small Business Program Rerepresentation (JUN 2020)

52.222-3 Convict Labor (JUN 2003)

52.222-19 Child Labor—Cooperation with Authorities and Remedies DEVIATION 2020-O0019 (JAN 2020)

52.222

O0019 (JAN 2020)

52.222

O0019 (JAN 2020)

52.222

O0019 (JAN 2020)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (SEP 2016)

52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222-50 Combating Trafficking in Persons (MAR 2015)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (AUG

2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.232-33 Payment by Electronic Funds Transfer— System for Award Management (OCT

2018)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.239-1 Privacy or Security Safeguards (AUG 1996)

The following FAR and DFARS clauses, incorporated by reference, apply to this

acquisition:

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)

52.212-4 Contract Terms and Conditions—Commercial Items (OCT 2018)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items DEVIATION 2018-O0021 (AUG 2020)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.252-6 Authorized Deviations in Clauses (APR 1984)

252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP

2011)

252.204-7003 Control of Government Personnel Work Product (apr 1992)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(DEC 2019)

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services (DEC 2019)

252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013)

252.225-7012 Preference for Certain Domestic Commodities (DEC 2017)

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC

2018)

252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018)

252.232-7010 Levies on Contract Payments (DEC 2006)

252.239-7018 Supply Chain Risk DEVIATION 2018-O0020 (FEB 2019)

252.244-7000 Subcontracts for Commercial Items (JUN 2013)

Update #1 ·

N66001-20-Q-6862 Combined Synopsis/Solicitation

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included

in this notice. This announcement constitutes the only solicitation; quotes are being requested and a

separate written solicitation will not be issued. This enclosure is an addendum to FAR provision 52.212-1,

Instructions to Offerors – Commercial Items, which applies to this acquisition.

Competitive quotes are being requested under Request for Quote (RFQ) Number N66001-20-Q-6862. The

North American Industry Classification System (NAICS) code applicable to this acquisition is 334220,

Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing and the small

business size standard is 1,250 (# of employees). This is a Brand Name Only requirement, with no

substitutions. This RFQ is a Total Small Business Set-Aside. Quoters must qualify as a small business in

order to be considered.

DESCRIPTION OF REQUIREMENTS

The Government is seeking to acquire a brand name API Tech/Spectrum Microwave Low Noise Amplifier. To

be considered acceptable and eligible for award, quotes must provide all of the items and quantities listed

below. The Government will not consider quotes or offers for partial items or quantities. Anticipated

contract line items are as follows:

Item No. Part No. Description Qty. Unit of Issue

0001 310-025016-005 Low Noise Amplifier;

Centered at L1 & L2 Frequencies 25 Each

0002 N/A *Shipping and Handling 1 Each

*If not included in item price.

The expected delivery date: 15 SEP 2020; offeror to provide lead times.

The Government is seeking Free on Board (FOB) Destination pricing to the following shipping address:

Attn: Receiving Officer

Naval Information Warfare Center Pacific (NIWC PAC)

4297 Pacific Highway, Bldg OT7

San Diego, CA 92110-5000

OFFEROR INSTRUCTIONS

The Government intends to award a Firm Fixed Price contract resulting from this solicitation to the

responsible offeror whose quotation conforming to the solicitation represents the most advantageous offer

as defined in the 'EVALUATION FACTORS FOR AWARD' Section below. A complete quote must be received

for consideration. Respond to each item listed below, if the response is "None" or "Not applicable,"

explicitly state and explain. The Government may consider quotes that fail to address or follow all

instructions to be non-responsive and ineligible for contract award. A complete quote includes a response

and submission to each of the following:

1. General Information: Offeror Business Name, Address, Cage and DUNS Codes (ensure

Representation and Certifications are up to date in SAM.gov), Business Size and Type of Small Business

based on applicable NAICS Code as provided above, Federal Tax ID, Primary Point of Contract (to include

telephone and e-mail address) and provide a GSA contract number if some or all items proposed are on

the GSA schedule. FAR provision 52.212-3, Alternate I, Offeror Representations and Certifications –

Commercial Items, applies to this acquisition. Offerors must include a completed copy of this provision

with offer.

2. Technical Documentation:

a. Technical Approach or Specifications: The "Brand Name" item (including part number) along with the

salient physical, functional, and performance characteristics that a "Brand Name" product must meet are

specified in the item descriptions given in the table above. Offerors shall provide a quote (no page limit)

that identifies the Brand Name item. Additionally, offerors shall specify delivery timeframes in their quote

that meet or exceed the required delivery timeframe specified above. The offer must address and meet

the requirements/specifications as defined under Technical Factor I below.

b. Sustainable Acquisitions Information and Certification: The contractor shall comply with all

sustainable acquisition policies in an effort to minimize the Government's environmental impact and

deliver community benefits through better selection and improved usage of products and services. In

accordance FAR 23, sustainable acquisition policies apply to both contracts for supplies and services that

require the delivery, use, or furnishing of products/services to the Government. Indicate if any the

following sustainable acquisition categories apply to any products or services proposed: Energy Efficient,

Water Efficient, Recycled, Bio-Based, Environmentally Preferable, Non-ozone depleting substances, Less

Toxic and/or Less GHGs.

c. Authorized Source Confirmation: The following product certification statement below applies to line

item 0001 and each offeror must submit supporting documentation, as needed:

To be considered for award, the offeror/contractor is required to submit documentation confirming that

they are an authorized source. An "Authorized Source" is defined as the original manufacturer, a source

with the express written authority of the original manufacturer or current design activity, or an authorized

aftermarket manufacturer.

d. Counterfeit Information Technology (IT) Certification: The following IT related statement applies to

line item 0001 and each offeror must explicitly confirm and submit supporting documentation, as needed:

The offeror certifies that the product(s) being delivered are new and in their original packaging. The

subject product(s) are eligible for all manufacturer warranties and other ancillary services or options

provided by the original manufacturers, authorized suppliers, or suppliers that obtain parts from the

manufacturer or its authorized supplier.

The offeror further certifies that it is authorized by the manufacturer to sell the product(s). The offeror is

required to submit documentation identifying its supply chain for the product(s). Within the

aforementioned documentation, the offeror shall also identify the country of manufacture and indicate one

of the following, if applicable:

• Manufacturing occurs in the U.S., but more than 50% of the cost of components is from

foreign/nonqualifying country content

• Originally foreign manufactured products substantially transformed in the United States or a

designated country

The offeror assumes responsibility for authenticity. Costs of counterfeit parts are unallowable unless the

conditions set forth in DFARS 231.205-71(b) are met.

By making an offer, the offeror acknowledges that a full or partial termination for default/cause for non-

compliant awarded items may occur if any of the products provided are not recognized or acknowledged

by the manufacturer as new products eligible for warranties and all other ancillary services or options

provided by the manufacturer, or the offeror was not authorized by the manufacturer to sell the product in

the U.S.

3. Price Quote: Submit complete pricing for each individual item listed in the "DESCRIPTION OF

REQUIREMENTS" Section above to include the unit of issue, the extended price for each line item and a

total price in US Dollars ($). Note: Ensure FOB Destination shipping costs are included in the pricing.

4. Commercial Warranty: If available, provide the terms and length of the Workmanship and/or

Manufacturer Warranty on the product(s) and/or services proposed included in the proposed purchase

price.

EVALUATION FACTORS FOR AWARD:

Basis for Award: The Government intends to award a contract to the most advantageous offer, price and

technical combined, who is registered in the System for Award Management (SAM); however, the

Government reserves the right to award no contract at all, depending on the quality of quotes submitted

and availability of funds. An offer will be considered non-responsive if technical acceptability is not met.

Technical Acceptability is defined in Factor I below.

Factor I – Technical: The Government will evaluate the quote to see if the following specification

requirements are met to include all information required for a complete quote as defined in paragraph 2

above:

This requirement contains supplies that are Brand Name pursuant to FAR 11.105, Items Peculiar to One

Manufacturer. To be considered for award, the offeror is required to certify that the product being offered

is an original, new, and Trade Agreements Act (TAA) compliant (reference 2(c) above) API Tech/Spectrum

Microwave product. The Government will only accept the required brand name product as specified in

Attachment 1 – Approved (Redacted) JNCP.

Factor II – Price: The Government will evaluate the total price to determine if it is fair and reasonable. The

price quote shall include a unit price for each item and a total firm-fixed-price for all line items. The total

firm-fixed-price shall include all applicable taxes, shipping, and handling costs to the shipping address

listed above as outlined in paragraph 3 above.

Factor III – Past Performance: The Government will evaluate past performance, beginning with the lowest

priced quote, by reviewing sources that may include, but are not limited to, information from Government

personnel and information from sources such as the Federal Awardee Performance and Integrity

Information System (FAPIIS).

DUE DATE AND SUBMISSION INFORMATION

Eligible Offerors: All offerors must have a completed registration in the System for Award Management

(SAM) website prior to award of contract. Information can be found at https://www.sam.gov/. Complete

SAM registration means offerors shall have registered CAGE and DUNS Codes.

Page Limitations: Ensure to stay within the page limitations as follows: N/A

Formatting Requirements: Submit quotes in electronic PDF or Excel format; and text shall be formatted on

an 8 ½ by 11 inch page in 12 point Times New Roman font.

Questions Due Date and Submission Requirements: All questions must be received before 02 SEP 2020 at

5:00 PM, Pacific Time. Questions must be uploaded on the NAVWAR e-Commerce website at https://e-

commerce.sscno.nmci.navy.mil, under NIWC Pacific/Simplified Acquisitions/N66001-20-Q-6862. Include

RFQ# N66001-20-Q-6862 on all inquiries. Questions may be addressed at the discretion of the

Government.

RFQ Due Date and Submission Requirements: This RFQ closes on 04 SEP 2020 at 5:00 PM, Pacific Time.

Quotes must be uploaded on the NAVWAR e-Commerce website at https://e-

commerce.sscno.nmci.navy.mil, under SSC Pacific/Simplified Acquisitions/N66001-20-Q-6862. E-mail

quotes or offers will not be accepted and late quotes will not be accepted.

NAVWAR e-Commerce website Assistance: For e-Commerce technical issues, contact the SPAWAR

Paperless Initiatives Help Desk at 858-537-0644 or paperless.spawar@navy.mil.

Government RFQ Point of Contract: The point of contact for this solicitation is Casey Carlson at

casey.carlson2@navy.mil. Reference RFQ# N66001-20-Q-6862 on all email exchanges regarding this

acquisition.

RFQ ATTACHMENTS

1. Attachment 1 – Approved Brand Name JNCP

APPLICABLE PROVISIONS AND CLAUSES

This solicitation document incorporates provisions and clauses in effect through Federal Acquisition

Circular (FAC) 2020-08 and Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice

(DPN) 20200605. It is the responsibility of the contractor to be familiar with the applicable clauses and

provisions. The clauses can be accessed in full text at https://www.acquisition.gov/content/regulations.

The following FAR and DFARS provisions, incorporated by reference, apply to this acquisition:

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (JUL 2019)

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

Equipment (AUG 2020)

52.204-26 Covered Telecommunications Equipment or Services-Representation (DEC 2019)

52.212-1 Instructions to Offerors—Commercial Items DEVIATION 2018-O0018 (JUN 2020)

52.212-3 Offeror Representations and Certifications—Commercial Items (AUG 2020)

52.252-5 Authorized Deviations in Provisions (APR 1984)

252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011)

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016)

252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (DEC 2019)

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

Services—Representation (DEC 2019)

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

Performance Evaluations (SEP 2019)

252.225-7974 Representation Regarding Business Operations with the Maduro Regime DEVIATION 2020-

O0005 (FEB 2020)

252.239-7017 Notice of Supply Chain Risk DEVIATION 2018-O0020 (FEB 2019)

FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders

-- Commercial Items applies to this acquisition and includes the following clauses by reference:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided

by Kaspersky Lab and Other Covered Entities (JUL 2018)

52.204-25 Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services

or Equipment (AUG 2020)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred

Suspended, or Proposed for Debarment (OCT 2015)

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

52.219-28 Post-Award Small Business Program Rerepresentation (JUN 2020)

52.222-3 Convict Labor (JUN 2003)

52.222-19 Child Labor—Cooperation with Authorities and Remedies DEVIATION 2020-O0019 (JAN

2020)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (SEP 2016)

52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222-50 Combating Trafficking in Persons (MAR 2015)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.232-33 Payment by Electronic Funds Transfer— System for Award Management (OCT 2018)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.239-1 Privacy or Security Safeguards (AUG 1996)

The following FAR and DFARS clauses, incorporated by reference, apply to this acquisition:

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)

52.212-4 Contract Terms and Conditions—Commercial Items (OCT 2018)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items DEVIATION 2018-O0021 (AUG 2020)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.252-6 Authorized Deviations in Clauses (APR 1984)

252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

252.204-7003 Control of Government Personnel Work Product (apr 1992)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(DEC 2019)

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

Services (DEC 2019)

252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013)

252.225-7012 Preference for Certain Domestic Commodities (DEC 2017)

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018)

252.232-7010 Levies on Contract Payments (DEC 2006)

252.239-7018 Supply Chain Risk DEVIATION 2018-O0020 (FEB 2019)

252.244-7000 Subcontracts for Commercial Items (JUN 2013)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2020-O0008) (MAR 2020)

(a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates,

that is independently owned and operated, not dominant in the field of operation in which it is bidding on

Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5

and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not

small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract or an order at or below the simplified acquisition threshold, a small business concern

may provide the end item of any firm. For a contract or an order exceeding the simplified acquisition

threshold, a small business concern that provides an end item it did not manufacture, process, or produce,

shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United

States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being

supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner

consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or

order shall be manufactured, processed, or produced in the United States or its outlying areas by small

business concerns.

(3) Paragraphs (d)(1) through (2) of this clause do not apply to construction or service contracts.

(End of clause)

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