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
- 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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