High Speed Synthesizers
Awarded Award Notice Posted
- Solicitation number
- F3QCCM9224A101
- Agency
- AFLCMC Robins AFB Lifecycle Management Center, Department of Defense
- Awarded
- to Fei-Elcom Tech, Inc.
- Set-aside
- No set-aside
Opportunity facts
- Contract number
- FA8571-19-P-A075 Federal contract award
- NAICS code
- 334515 Instrument Manufacturing for Measuring and Testing Electricity and Electrical Signals
- PSC
- Not on record
- Place of performance
- 579 Smxs Flt A/ ELT F 280 Byron Street, Bldg 229S Robins AFB, Georgia 31098, United States
Notice details come from SAM.gov. Updated .
Notice text
3 versions
Update #3 · Latest ·
Awarded Vendors: FEI-Elcom Tech, Inc.. Contract Award Dollar Amount: 601,560.00. Contract Award Date: 2019-09-23.
Update #2 ·
SOLICITATION FA8571-19-Q-24A1 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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 written solicitation will not be issued. This
solicitation is being conducted under Simplified Acquisition Procedures (SAP) as a Request for Quote (RFQ)
No. FA8571-19-Q-24A1. This solicitation will be solicited under Other Than Full and Open Competition:
Sole Source To:
OEM: FEI-Elcom Tech, Inc.
CAGE: 1UWV0
260 Union Street
Northvale, NJ 07647
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 334515
(b) No. of Employees: 750
REQUIREMENT:CLIN 0001:
system calibrations, circuit card assembly (CCA) trouble shooting, radio
frequency (RF) signal analysis, simulator validations, and system level
testing IAW attached Purchase Desription dated 15 MAY 2019.Quantity:FOB:Inspection/Acceptance:Required Delivery:Delivery date will be converted to firm calendar date at time of award.
Price(s) should be FOB Destination (Robins AFB GA 31098). In addition to price and delivery, quote should
include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Landon Norris (landon.norris@us.af.mil) and Lindsey Jordanlindsey.jordan.1@us.af.mil no later than Tuesday, 10 September 2019, 1:00 pm EST. The anticipated award date is 20 September 2019. Questions submitted by close of business Friday August 30, 2019 1:00 pm EST.
Please do not request award status prior to this date.
Manufacturer: FEI-Elcom Tech, Inc.
The following clauses are applicable to subject solicitation (current through FAC 2019-05 dated 13 Aug 2019
and DFARS Change Notice DPN 20190809):
FAR 52.204-7 System for Award management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by
Kaspersky Lab and Other Covered Entities
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors
FAR 52.212-4 Contract Terms and Conditions - Commercial Items
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management.
FAR 52.247-34 FOB Destination
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as
if they were given in full text. Upon request, the Contracting Officer will make their full text available. The
offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and
submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may
identify the provision by paragraph identifier and provide the appropriate information with its quotation or
offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/vmfara.htm
http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (a) The use in this solicitation of any Federal Acquisition
Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of
"(DEVIATION)" after the date of the regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is
Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls
DFARS 252-204-7012 Safeguarding 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
DFARS 252.211-7003 Item Unique Identification and Valuation. 1st fill in: See Schedule
DFARS 252.211-7008 include with 252.211-7003 and requires the contractor to mark major end items
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (WAWF is the
method used by DoD for processing invoices/receiving reports.)
DFARS 252.232-7010 Levies on Contract Payments
AFFARS 5352.201-9101 Ombudsman: Timothy Inman, Timothy.inman@us.af.mil, 478-472-7426,
295 Byron Street Robins AFB, GA 31098-1611
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2019)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are
incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to
acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan
2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations
Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as
extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware,
Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and
Video Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A)
of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78
(19 U.S.C. 3805 note)).
(b)
The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has
indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders
applicable to acquisitions of commercial items:
__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I
(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of
2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery
and Reinvestment Act of 2009).
__X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)
(Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743
of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct
2016) (Pub. L. 111-117, section 743 of Div. C).
_X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
X___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct
2018) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.
657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
_X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Aug 2018) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages-ubcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)
(15 U.S.C. 657f).
___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X__ (26) 52.222-19, Child Labor-ooperation with Authorities and Remedies (Jan 2018) (E.O.
13126).
_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
_X__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
_X__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
___ (ii) Alternate I (July 2014) of 52.222-36.
_X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496).
X (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)
(22 U.S.C. chapter 78 and E.O. 13627).
_X__ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
__X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to
the acquisition of commercially available off-the-shelf items or certain other types of commercial items
as prescribed in 22.1803.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items
(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available
off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition
of commercially available off-the-shelf items.)
___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s
13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Television (Jun 2014) (E.O.s 13423 and
13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)
(E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)
(E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).___
X (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
_X__ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41
U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001
note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41,
112-42, and 112-43).___
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
_X__ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations,
and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct
2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42
U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
4505), 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018)
(31 U.S.C. 3332).
___ (56) 52.232-34, Payment by Electronic Funds Transfer-ther Than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
___ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services,
that the Contracting Officer has indicated as being incorporated in this contract by reference to implement
provisions of law or executive orders applicable to acquisitions of commercial items:
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41
U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment
(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment
(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts
for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.
chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts
for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this
paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition
threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and right to examine any of the Contractor's directly pertinent records
involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and
other evidence for examination, audit, or reproduction, until 3 years after final payment under this
contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the
other clauses of this contract. If this contract is completely or partially terminated, the records relating to
the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising
under or relating to this contract shall be made available until such appeals, litigation, or claims are
finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and
other data, regardless of type and regardless of form. This does not require the Contractor to create or
maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant
to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the
Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a
subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall
be as required by the clause-(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in
subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware,
Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications
and Video Surveillance Services or Equipment. (AUG 2019) (Section
889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)),
in all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down
required in accordance with paragraph (1) of FAR clause 52.222-17.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause
52.222-40.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and
E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May
2014) (41 U.S.C. chapter 67.)
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii)52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal
number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
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.
(End of provision)52.225-18 PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause--
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.
(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products
it expects to provide in response to this solicitation is predominantly--
(1) (X ) In the United States (Check this box if the total anticipated price of offered end products manufactured
in the United States exceeds the total anticipated price of offered end products manufactured outside the United
States); or
(2) ( ___ ) Outside the United States.
(End of provision)52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)
(a) Definitions. As used in this clause --
Acceptance means the act of an authorized representative of the Government by which the Government
assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as
partial or complete performance of the contract.
Supplies means the end items furnished by the Contractor and related services required under this contract. The
word does not include ''data.''
(b) Contractor's obligations.
(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or
any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for one year
from the time of acceptance. Reference Contractor's compliance on Purchase Description dated 09 April 2018.
(i) All supplies furnished under this contract will be free from defects in material or workmanship and will
conform with all requirements of this contract; and
(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of
such supplies will conform with the requirements of this contract.
(2) When return, correction, or replacement is required, transportation charges and responsibility for the
supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the
transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial
method of shipment between the place of delivery specified in this contract and the Contractor's plant, and
return.
(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject
to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to
supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from
the date of delivery of the corrected or replaced supplies.
(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any
obligation contained in this contract.
(c) Remedies available to the Government.
(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph
(b)(1) of this clause within 30 days after discovery of the defect.
(2) Within a reasonable time after the notice, the Contracting Officer may either--
(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including
preservation, packaging, packing, and marking) that do not conform with the requirements of this contract
within the meaning of paragraph (b)(1) of this clause; or
(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.
(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of suppliers or
components subject to warranty action shall be determined by the applicable sampling procedures in the
contract.
The Contracting Officer--
(A) May, for sampling purposes, group any supplies delivered under this contract;
(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for
the quantity of supplies on which warranty action is proposed;
(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in
other shipments even though all of such supplies are not present at the point of reinspection; provided, that the
supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and
(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.
(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this
clause, the Contracting Officer may exercise one or more of the following options:
(A) Require an equitable adjustment in the contract price for any group of supplies.
(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all
nonconforming supplies to the Contractor for correction or replacement.
(C) Require the Contractor to screen the supplies at locations designated by the Government within the
contiguous United States and to correct or replace all nonconforming supplies.
(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b.
point or the point of acceptance) for screening and correction or replacement.
(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies
with similar supplies from another source and charge to the Contractor the cost occasioned to the Government
thereby if the Contractor--
(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or
(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to
correct or replace them so as to endanger performance of the delivery schedule, and in either of these
circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting
Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.
(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable
adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the
Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable
manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such
disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for
excess costs incurred or to be incurred.
(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any
rights afforded to the Government by any other clause of this contract.
(End of clause)252.232‐7006 Wide Area WorkFlow Payment Instructions.
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in
Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor
payment requests and receiving reports, as authorized by DFARS 252.232‐7003, Electronic
Submission of Payment Requests and Receiving Reports.
(c) WAWF access
(1) Have a designated electronic business point of contact in the System for Award
Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step‐by‐step
procedures for self‐registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web‐
Based Training Course and use the Practice Training Site before submitting payment requests
through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF
home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry,
Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when
submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
___________________________________________________________
(Contracting Officer: Insert applicable document type(s).
Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an
"Invoice" (stand‐alone) and "Receiving Report" (stand‐alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following
inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
____________________________________________________________
(Contracting Officer: Insert inspection and acceptance locations or "Not applicable.")
(3) Document routing. The Contractor shall use the information in the Routing Data Table
below only to fill in applicable fields in WAWF when creating payment requests and
receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information or "See schedule"
if multiple ship to/acceptance locations apply, or "Not applicable.")
(4) Payment request and supporting documentation. The Contractor shall ensure a payment
request includes appropriate contract line item and subline item descriptions of the work
performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all
relevant back‐up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in
support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e‐mail address identified
below in the "Send Additional Email Notifications" field of WAWF once a document is
submitted in the system.
________________________________________________________________
________________________________________________________________
(Contracting Officer: Insert applicable email addresses or "Not applicable.")
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the
following contracting activity's WAWF point of contact.
_________________________________________________________________
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) For technical WAWF help, contact the WAWF helpdesk at 866‐618‐5988.
(End of clause)
. To access WAWF, the Contractor shall-As used in this clause-(ii) Alternate I (May 2014) of 52.225-3.(ii) Alternate I (Jan 2017) of 52.224-3.no later than Friday, 6 September 2019, 1:00 pm EST. The anticipated award90 Days ARODestinationDestination4 EachHigh speed synthesizers to be utilized in the performance of simulator
Exhibit/Attachment Table of Contents:
Attachment 1 Purchase Description 3 15-MAY-2019.
Update #1 ·
SOLICITATION FA8571-19-Q-24A1 is issued as a request for quotation (RFQ)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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 written solicitation will not be issued. This
solicitation is being conducted under Simplified Acquisition Procedures (SAP) as a Request for Quote (RFQ)
No. FA8571-19-Q-24A1. This solicitation will be solicited under Other Than Full and Open Competition:
Sole Source To:
OEM: FEI-Elcom Tech, Inc.
CAGE: 1UWV0
260 Union Street
Northvale, NJ 07647
SMALL BUSINESS SIZE STANDARD
(a) NAICS: 334515
(b) No. of Employees: 750
REQUIREMENT:CLIN 0001:
system calibrations, circuit card assembly (CCA) trouble shooting, radio
frequency (RF) signal analysis, simulator validations, and system level
testing IAW attached Purchase Desription dated 15 MAY 2019.Quantity:FOB:Inspection/Acceptance:Required Delivery:Delivery date will be converted to firm calendar date at time of award.
Price(s) should be FOB Destination (Robins AFB GA 31098). In addition to price and delivery, quote should
include your cage code, DUNS number, and taxpayer ID number.
Quotations should be emailed to Landon Norris (landon.norris@us.af.mil) and Lindsey Jordanlindsey.jordan.1@us.af.mil
date is 20 September 2019. Questions submitted by close of business Friday August 30, 2019 1:00 pm EST.
Please do not request award status prior to this date.
Manufacturer: FEI-Elcom Tech, Inc.
The following clauses are applicable to subject solicitation (current through FAC 2019-05 dated 13 Aug 2019
and DFARS Change Notice DPN 20190809):
FAR 52.204-7 System for Award management
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by
Kaspersky Lab and Other Covered Entities
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representations
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.212-1 Instructions to Offerors
FAR 52.212-4 Contract Terms and Conditions - Commercial Items
FAR 52.219-8 Utilization of Small Business Concerns
FAR 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management.
FAR 52.247-34 FOB Destination
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as
if they were given in full text. Upon request, the Contracting Officer will make their full text available. The
offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and
submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may
identify the provision by paragraph identifier and provide the appropriate information with its quotation or
offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/vmfara.htm
http://farsite.hill.af.mil/vmdfara.htm
http://farsite.hill.af.mil/vmaffara.htm
FAR 52.252-5 Authorized Deviations in Provisions: (a) The use in this solicitation of any Federal Acquisition
Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of
"(DEVIATION)" after the date of the regulation
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is
Clauses Incorporated by Reference: fill-in: www.farsite.hill.af.mil
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls
DFARS 252-204-7012 Safeguarding 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
DFARS 252.211-7003 Item Unique Identification and Valuation. 1st fill in: See Schedule
DFARS 252.211-7008 include with 252.211-7003 and requires the contractor to mark major end items
DFARS 252.225-7001 Buy American Act and Balance of Payments Program
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (WAWF is the
method used by DoD for processing invoices/receiving reports.)
DFARS 252.232-7010 Levies on Contract Payments
AFFARS 5352.201-9101 Ombudsman: Timothy Inman, Timothy.inman@us.af.mil, 478-472-7426,
295 Byron Street Robins AFB, GA 31098-1611
IAW FAR 52.212-3, Reps/Certs should be completed on-line at www.acquisition.gov.
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2019)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are
incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to
acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan
2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations
Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as
extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware,
Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and
Video Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A)
of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78
(19 U.S.C. 3805 note)).
(b)
The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has
indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders
applicable to acquisitions of commercial items:
__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I
(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of
2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery
and Reinvestment Act of 2009).
__X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)
(Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743
of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct
2016) (Pub. L. 111-117, section 743 of Div. C).
_X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
X___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct
2018) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.
657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
_X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Aug 2018) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages-ubcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)
(15 U.S.C. 657f).
___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X__ (26) 52.222-19, Child Labor-ooperation with Authorities and Remedies (Jan 2018) (E.O.
13126).
_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
_X__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
_X__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
___ (ii) Alternate I (July 2014) of 52.222-36.
_X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496).
X (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)
(22 U.S.C. chapter 78 and E.O. 13627).
_X__ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
__X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to
the acquisition of commercially available off-the-shelf items or certain other types of commercial items
as prescribed in 22.1803.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items
(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available
off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition
of commercially available off-the-shelf items.)
___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s
13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Television (Jun 2014) (E.O.s 13423 and
13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)
(E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)
(E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).___
X (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
_X__ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41
U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001
note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41,
112-42, and 112-43).___
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
_X__ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations,
and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct
2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42
U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
4505), 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018)
(31 U.S.C. 3332).
___ (56) 52.232-34, Payment by Electronic Funds Transfer-ther Than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
___ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services,
that the Contracting Officer has indicated as being incorporated in this contract by reference to implement
provisions of law or executive orders applicable to acquisitions of commercial items:
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41
U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment
(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment
(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts
for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.
chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts
for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this
paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition
threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and right to examine any of the Contractor's directly pertinent records
involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and
other evidence for examination, audit, or reproduction, until 3 years after final payment under this
contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the
other clauses of this contract. If this contract is completely or partially terminated, the records relating to
the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising
under or relating to this contract shall be made available until such appeals, litigation, or claims are
finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and
other data, regardless of type and regardless of form. This does not require the Contractor to create or
maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant
to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the
Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a
subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall
be as required by the clause-(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in
subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware,
Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications
and Video Surveillance Services or Equipment. (AUG 2019) (Section
889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)),
in all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down
required in accordance with paragraph (1) of FAR clause 52.222-17.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause
52.222-40.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and
E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May
2014) (41 U.S.C. chapter 67.)
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii)52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal
number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
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.
(End of provision)52.225-18 PLACE OF MANUFACTURE (MAR 2015)
(a) Definitions. As used in this clause--
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.
(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products
it expects to provide in response to this solicitation is predominantly--
(1) (X ) In the United States (Check this box if the total anticipated price of offered end products manufactured
in the United States exceeds the total anticipated price of offered end products manufactured outside the United
States); or
(2) ( ___ ) Outside the United States.
(End of provision)52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)
(a) Definitions. As used in this clause --
Acceptance means the act of an authorized representative of the Government by which the Government
assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as
partial or complete performance of the contract.
Supplies means the end items furnished by the Contractor and related services required under this contract. The
word does not include ''data.''
(b) Contractor's obligations.
(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or
any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for one year
from the time of acceptance. Reference Contractor's compliance on Purchase Description dated 09 April 2018.
(i) All supplies furnished under this contract will be free from defects in material or workmanship and will
conform with all requirements of this contract; and
(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of
such supplies will conform with the requirements of this contract.
(2) When return, correction, or replacement is required, transportation charges and responsibility for the
supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the
transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial
method of shipment between the place of delivery specified in this contract and the Contractor's plant, and
return.
(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject
to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to
supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from
the date of delivery of the corrected or replaced supplies.
(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any
obligation contained in this contract.
(c) Remedies available to the Government.
(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph
(b)(1) of this clause within 30 days after discovery of the defect.
(2) Within a reasonable time after the notice, the Contracting Officer may either--
(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including
preservation, packaging, packing, and marking) that do not conform with the requirements of this contract
within the meaning of paragraph (b)(1) of this clause; or
(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.
(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of suppliers or
components subject to warranty action shall be determined by the applicable sampling procedures in the
contract.
The Contracting Officer--
(A) May, for sampling purposes, group any supplies delivered under this contract;
(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for
the quantity of supplies on which warranty action is proposed;
(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in
other shipments even though all of such supplies are not present at the point of reinspection; provided, that the
supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and
(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.
(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this
clause, the Contracting Officer may exercise one or more of the following options:
(A) Require an equitable adjustment in the contract price for any group of supplies.
(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all
nonconforming supplies to the Contractor for correction or replacement.
(C) Require the Contractor to screen the supplies at locations designated by the Government within the
contiguous United States and to correct or replace all nonconforming supplies.
(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b.
point or the point of acceptance) for screening and correction or replacement.
(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies
with similar supplies from another source and charge to the Contractor the cost occasioned to the Government
thereby if the Contractor--
(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or
(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to
correct or replace them so as to endanger performance of the delivery schedule, and in either of these
circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting
Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.
(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable
adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the
Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable
manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such
disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for
excess costs incurred or to be incurred.
(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any
rights afforded to the Government by any other clause of this contract.
(End of clause)252.232‐7006 Wide Area WorkFlow Payment Instructions.
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in
Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor
payment requests and receiving reports, as authorized by DFARS 252.232‐7003, Electronic
Submission of Payment Requests and Receiving Reports.
(c) WAWF access
(1) Have a designated electronic business point of contact in the System for Award
Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step‐by‐step
procedures for self‐registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web‐
Based Training Course and use the Practice Training Site before submitting payment requests
through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF
home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry,
Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when
submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
___________________________________________________________
(Contracting Officer: Insert applicable document type(s).
Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an
"Invoice" (stand‐alone) and "Receiving Report" (stand‐alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following
inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
____________________________________________________________
(Contracting Officer: Insert inspection and acceptance locations or "Not applicable.")
(3) Document routing. The Contractor shall use the information in the Routing Data Table
below only to fill in applicable fields in WAWF when creating payment requests and
receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information or "See schedule"
if multiple ship to/acceptance locations apply, or "Not applicable.")
(4) Payment request and supporting documentation. The Contractor shall ensure a payment
request includes appropriate contract line item and subline item descriptions of the work
performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all
relevant back‐up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in
support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e‐mail address identified
below in the "Send Additional Email Notifications" field of WAWF once a document is
submitted in the system.
________________________________________________________________
________________________________________________________________
(Contracting Officer: Insert applicable email addresses or "Not applicable.")
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the
following contracting activity's WAWF point of contact.
_________________________________________________________________
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) For technical WAWF help, contact the WAWF helpdesk at 866‐618‐5988.
(End of clause)
. To access WAWF, the Contractor shall-As used in this clause-(ii) Alternate I (May 2014) of 52.225-3.(ii) Alternate I (Jan 2017) of 52.224-3.no later than Friday, 6 September 2019, 1:00 pm EST. The anticipated award90 Days ARODestinationDestination4 EachHigh speed synthesizers to be utilized in the performance of simulator
Exhibit/Attachment Table of Contents:
Attachment 1 Purchase Description 3 15-MAY-2019.
Attachments
| File | Type | Posted |
|---|---|---|
| Purchase_Description-Synthesizers.pdf |
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