Data Entry Tenders
Data Entry Tenders
DEPT OF THE ARMY USA Tender
Machinery and Tools
United States
Details: Combined Synopsis And Solicitation For A Friction Tester (please See Attachment)
pandta-24-p-0000 004698
introduction
a. This Is A Combined Synopsis/solicitation For Commercial Items Prepared In Accordance With The Format In Far 13.106-1(b)(1), As Supplemented With Additional Information Included In This Notice. This Announcement Constitutes The Only Solicitation; Quotations Are Being Requested And A Written Solicitation Will Not Be Issued.
b. The Combined Synopsis And Request For Quotation (rfq) Number Is: Pandta-24-p-0000 004698
c. This Solicitation Document And Incorporated Provisions And Clauses Are Those In Effect Through Federal Acquisition Circular (fac) 2022-06, (01 May 2023).
d. Small Business Set-aside: No
e. Posting Date: 28 March 2024
f. Response Date: 5 April 2024
g. Contracting Office: Army Contracting Command - Detroit Arsenal (acc-dta) 6501 E. Eleven Mile, Warren, Mi 48397. Contract Specialist: Marques Simmons, Email: Marques.j.simmons.civ@army.mil.
h. The Naics Code Applicable To This Acquisition Is 333924. Offeror Must Be Certified Under This Naics Code Prior To Receiving An Award.
i. All Clauses And Provisions Of The Sam Contract Applies To This Acquisition.
j. This Combined Synopsis Solicitation Contains Clauses And Provisions Requiring A Fill-in Or Representation. Offeror Shall Submit A Copy Of This Combined Synopsis Solicitation With Their Quote And Respond To These Clauses And Provisions Accordingly. A Failure To Complete These Fill-ins May Cause Your Offer To Be Determined Ineligible For Award.
k. Basis For Award- The Proposed Contract Action Is For Supplies For Which The Government Intends To Solicit And Negotiate With Sam Vendors. A Determination By The Government Not To Compete This Proposed Contract Based Upon Responses To This Notice Is Solely Within The Discretion Of The Government. The Government Will Award A Contract To The Offeror’s Proposal Based On Order Of Importance. Order Of Importance Is As Followed:.
price Is More Important Than Technical. Technical Is More Important Than Delivery (price>technical> Delivery).
ii. General Requirement
a.1 Halliday Rt3 Scu Continuous Friction Meter For Winter Season Use And Related Accessories To Support Crtc Winter Tire/track Dt&e.a.2
specifications And Performance Requirements:
1) To Support Crtc Winter Tire/track Dt&e Iaw The Dod Arctic Strategy, Including As Needed Urgently For This Season’s 16.00r20 Winter Tire Testing (with Tires To Be Fielded Next Winter Season To Mitigate Potential Heavy Vehicle Accidents).
2) Only One Source/manufacturer Of This Unique And Specialized Arctic Rated Winter Surface Friction Automotive Tester Equipment Worldwide.
3) Measuring Surface Friction On Winter Test Surfaces Is Absolutely Fundamental For Conducting Comparative Winter Tire/track Dt&e, Since Surface Friction Is Constantly Changing As A Result Of Weather (due To Variable Temperatures, Sun Exposure, Etc.)
a.2 All Operators, Parts And Warranty Manuals Shall Be Provided In English (paper And
electronic Pdf Format)
a3. Offeror Shall Include All Shipping Charges And Deliver Supplies F.o.b.
destination To The Following Address:
initial Shipping Address Through September 30th, 2024:
usace Cold Regions Research And Engineering Laboratory
attn: Cliff Witte (860-391-1285, Clifford.f.witte@erdc.dren.mil)
72 Lyme Road
hanover, Nh 03755
note: Logistics Department Is Open / Can Receive Shipments Any Weekday From 0800-1530
final Destination To Ship Depart On September 30th, 2024:
us Army Cold Regions Test Center
attn Stephan Krueger (907-888-4164, Stephan.d.krueger.civ@army.mil) Or Kerry Gardner (907-322-6238, Kerry.n.gardner.civ@army.mil)
bldg. 605 Arctic Ave.
ft. Greely, Ak 99731
b. Quotes Must Be Received By Acc-dta No Later Than 12:00 Pm Est 19 March 2024. Email Offers To Marques.j.simmons.civ@army.mil. Offeror Must Be Registered In System For Award Management (sam) Prior To Receiving An Award. Refer To Website Https://www.sam.gov/ .
c. Questions Are Requested Via Email Only And Addressed To Marques Simmons, Email: Marques.j.simmons.civ@army.mil
ii. Local Narratives:
a.1__ Electronic Contracting
(a) All Army Contracting Command – Detroit Arsenal Solicitations Will Be Publicized On The System For Award Management Website (https://www.sam.gov). Any Additional Attachments, Including Technical Data Packages (tdps) When Available Electronically, Will Be Separate Attachments Or Links Embedded In The Solicitation.
(b) As Of 10 August 2015, Unless Directed To Do Otherwise In Section L Of This Solicitation, Vendors Are Required To Submit A Quote Or Proposal On The Website Sam.gov.
(c) Please Pay Close Attention To The Issued By Block Location On The Cover Page Of The Solicitation For Closing Date And Time. The Closing Date And Time Is Based On The Local Time Of The Listed Location Of The Issued By Office. In Accordance With Far 15.208(a), Offerors Are Responsible For Submitting Proposals, And Any Revisions, And Modifications, So As To Be Received By The Government Office Designated In The Solicitation By The Time Specified.
(d) It Is The Responsibility Of The Offeror To Ensure The Proposal/quote Is Received By The Date And Time Specified On The Cover Page Of This Solicitation. In Accordance With Far 15.208, If The Proposal/quote Was Not Received At The Initial Point Of Entry To The Government Infrastructure (in This Case, Received Through Sam) By The Exact Date And Time Specified On The Cover Page Of This Solicitation, It Will Be Determined Late. Proposal/quote Is Defined To Mean All Volumes Or Parts Required In The Solicitation Are Included In The Electronic Submission.
note: There Is No "expected" Or "target" Length Of Time For Proposal Submission; Size And Content May Be Factors, Therefore Offerors Are Strongly Cautioned When Submitting Proposals To Allow Adequate Time For Submission.
(e) Solicitations May Remain Posted On Www.sam.gov After The Solicitation Closing Date. If The Response Deadline Has Passed For The Solicitation, Vendors Will No Longer Be Able To Submit Electronic Responses.
(f) Any Award Issued As A Result Of This Solicitation Will Be Distributed Electronically. In The Event Of A Foia Request For A Copy Of Any Award Issued As A Result Of This Solicitation, Or Any Subsequent Modifications To The Contract, The Contract And Modifications Will Be Released, Including The Awarded Unit Price. This Is The Notice Required By Executive Order 12600 (june 23, 1987) Of The Government’s Intention To Release Unit Prices In Response To Any Request Under The Freedom Of Information Act (foia), 5 Usc 552. Unit Price Is Defined As The Contract Price Per Unit Or Item Purchased As It Appears In Section B Of The Contract And Is Not Referring To Nor Does It Include Cost Or Pricing Data/information. If An Offeror Objects To Such Release In The Base Contract Or Contract Modifications, The Offeror Must Notify The Contracting Officer In Writing Prior To The Closing Date Identified In This Solicitation And Include The Rationale For The Objection Consistent With The Provisions Of Foia. A Release Determination Will Be Made Based On Rationale Given.
(g) Questions Pertaining To This Solicitation Should Be Directed To The Contract Specialist Identified On The Cover Page Of This Solicitation. For Technical Assistance In Doing Business With The Government, And Doing Business Electronically, Please Visit The Procurement Technical Assistance Center (ptac) Website At Http://www.aptac-us.org/ To Locate A Regional Center.
***
a.2__ Acknowledgement Of Amendments
acknowledge All The Amendments Received From The Government By Identifying The Amendment Number And Its Issue Date Below:
amendment Number: Date:
__________________ ___________
__________________ ___________
__________________ ___________
__________________ ___________
***
a.3__ Army Contracting Command – Detroit Arsenal (dta) Ombudsperson
information Regarding The Ombudsperson For This Contract Is Located At The Following Website: Https://www.tacom.army.mil/ombudsperson. (best Viewed Using Google Chrome Or Microsoft Edge)
***
a.4__ All Or None
offers In Response To This Solicitation Must Be Submitted For The Total Quantity Of The Items Identified In The Solicitation.
(1) Only One Award Will Be Made As A Result Of This Solicitation.
(2) Offers Submitted For Less Than The Total Quantities Of All The Items In This Solicitation Will Be Deemed Nonresponsive.
***
a.5__ All Or None-commercial Item Acquisition
(a) This Provision Serves As An Addendum That Modifies Paragraph (h) Of Far 52.212-1, Entitled Instructions To Offerors--commercial Items. Paragraph (h) Is Modified To Say That The Proposal Or Quote Must Offer To Provide The Total Quantity Of The Items In This Solicitation.
(b) Only One Award Will Be Made As A Result Of This Solicitation. Offers Submitted For Less Than The Total Quantities Of All The Items In This Solicitation Will Not Be Considered For Award.
***
d.1__ Heat Treatment And Marking Of Wood Packaging Materials
(a) In Accordance With Dod 4140.65-m And The Requirements Of The International Standards For Phytosanitary Measures 15 (ispm), Regulation Of Wood Packaging Material In International Trade, Current Edition, (hereinafter Ispm 15), The Following Commercial Heat Treatment And Marking Process Has Been Approved By The American Lumber Standards Committee (alsc) And Is Required For All Wood Packaging Material (wpm). Foreign Manufacturers Shall Comply With Ispm 15, And Have The Wpm Heat Treatment And Marking Verified In Accordance With Their National Plant Protection Organization’s Compliance Program.
(b) Boxes/pallets And Any Wood Used As Inner Packaging Made Of Non-manufactured Wood Shall Be Heat-treated. All Wpm Using A Conventional Steam Or Dry Kiln Heat Chamber (treatment Code For The Mark: Ht) Shall Be Heat Treated To A Minimum Core Temperature Of 56 Degrees Celsius For A Minimum Of 30 Minutes, And Certified By An Agency Accredited By The Alsc In Accordance With Wood Packaging Material Policy And Wood Packaging Material Enforcement Regulations (see Url: Http://www.alsc.org). Wpm Heat Treated Wood Using Dielectric Heating (treatment Code For The Mark: Dh) Shall Follow The Requirements In Ispm 15, And Shall Be Certified By An Agency Accredited By The Alsc In Accordance With Wood Packaging Material Policy And Wood Packaging Material Enforcement Regulations (see Url: Http://www.alsc.org). The Box/pallet Manufacturer And The Manufacturer Of Wood Used As Inner Packaging Shall Ensure The Materials Used In Manufacture Can Be Traced To The Original Source Of Heat Treatment, And That The Original Source Of The Heat Treatment Obtained The Necessary Certifications.
(c) Marking. Each Box/pallet Shall Be Marked To Show The Conformance To The International Plant Protection Convention Standard. The Alsc Approved Quality Mark Shall Be Placed On Both Ends Of The Outer Packaging, Between The End Cleats Or End Battens. Pallet Markings Shall Be Applied To The Side Of The Stringer Or End Of The Block On Diagonally Opposite Sides And Ends Of The Pallet And Be Contrasting And Clearly Visible. All Dunnage Used In Configuring And/or Securing The Load Shall Also Comply With Ispm 15 And Be Marked With An Alsc Approved Dunnage Stamp.
***
e.1__ Inspection And Acceptance Points: Origin
the Government's Inspection And Acceptance Of The Supplies Offered Under This Contract/purchase Order Shall Take Place At Origin. Offeror Must Specify Below The Exact Name, Address, And Cage Of The Facility Where Supplies To Be Furnished Under This Contract/purchase Order Will Be Available For Inspection/acceptance.
inspection Point: __________________________________________
(name) (cage)
__________________________________________
(address) (city) (state) (zip)
acceptance Point: __________________________________________
(name) (cage)
__________________________________________
(address) (city) (state) (zip)
***
l.1__ Offers Delivered By Third Party Express Services (non-us Postal Service Mail)
(a) Unless Specifically Authorized Elsewhere In This Solicitation, Paper Offers Will Not Be Accepted. Preference For Offers Is To Be Submitted In Response To Solicitations Via Sam.gov. Alternatively Offers May Be Mailed Following These Procedures.
(b) Offers, Including Disks Or Other Electronic Media, Shall Be Addressed To:
u.s. Army Contracting Command - Warren
bid Room, Bldg 231, Mail Stop 303
6501 East 11 Mile Road
warren, Mi 48397-5000
(c) Offers Shall Not Be Addressed To An Individual Buyer. All Offers Must Be Addressed To The Offer Receipt Office At The Above Address.
(d) The External Delivery Envelope Or Wrapper Must Be Marked With The Solicitation Number And The Date And Time Of The Solicitation Closing. Each Envelope Should Contain Only One Offer.
(e) Offerors Must Ensure That The Commercial Carrier They Use Has A Tracking System That Can Provide Documentation Of The Date And Time Of Delivery To The Government.
***
l.2___ Hq-amc Level Protest Procedures
complete Amc Protest Procedures Can Be Found At: Http://www.amc.army.mil/connect/legal-resources/
an Agency Protest May Be Filed With Either The Contracting Officer Or To Hqamc But Not Both Following The Procedures Listed On The Website Above.
***
m.1___ Contractor Responsibility And Eligibility For Award
(a)the Government Will Award A Contract To The Offeror That:
(1) Submits The Lowest Evaluated Offer If Award Is Based On Price Only, Or The Offer That Provides The Best Value To The Government If Factors In Addition To Price Are Identified Elsewhere In This Solicitation,
(2) Submits A Bid Or Proposal That Meets All The Material Requirements (including Technical Requirements Of The Specification, If Applicable) Of This Solicitation, And
(3) Meets All The Responsibility Criteria At Far 9.104.
(b) To Make Sure That An Offeror Meets The Responsibility Criteria At Far 9.104 The Government May:
(1) Arrange A Visit To The Offeror’s Plant And Perform A Preaward Survey;
(2) Ask The Offeror To Provide Financial, Technical, Production, Or Managerial Background Information.
(c) If The Offeror Does Not Provide The Government With The Data Requested Within 7 Days From The Date The Requested Is Received, Or If The Offeror Refuses To Have An Onsite Visit To The Offeror’s Facility, The Government May Determine The Offeror To Be Nonresponsible.
(d) If The Government Visits The Offeror’s Facility, Please Make Sure That Current Certified Financial Statements And Other Data Relevant To The Bid Or Proposal Available For Government Personnel To Review.
iv Clauses Incorporated By Reference
52.204-13
system For Award Management Maintenance
oct 2018
52.204-18
commercial And Government Entity Code Maintenance
aug 2020
52.204-19
incorporation By Reference Of Representations And Certifications.
dec 2014
52.204-25
prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment
nov 2021
52.212-4
contract Terms And Conditions--commercial Products And Commercial Services
nov 2021
52.223-1
biobased Product Certification
may 2012
52.225-1
buy American--supplies
nov 2021
52.232-40
providing Accelerated Payments To Small Business Subcontractors
nov 2021
52.233-1
disputes
may 2014
52.243-1
changes--fixed Price
aug 1987
52.246-2
inspection Of Supplies--fixed Price
aug 1996
52.246-16
responsibility For Supplies
apr 1984
252.203-7000
requirements Relating To Compensation Of Former Dod Officials
sep 2011
252.204-7000
disclosure Of Information
oct 2016
252.204-7003
control Of Government Personnel Work Product
apr 1992
252.204-7006
billing Instructions
oct 2005
252.204-7012
safeguarding Covered Defense Information And Cyber Incident Reporting
dec 2019
252.204-7015
notice Of Authorized Disclosure Of Information For Litigation Support
may 2016
252.225-7048
export-controlled Items
jun 2013
252.232-7003
electronic Submission Of Payment Requests And Receiving Reports
dec 2018
252.232-7010
levies On Contract Payments
dec 2006
252.247-7023
transportation Of Supplies By Sea
feb 2019
clauses Incorporated By Full Text
52.204-26 Covered Telecommunications Equipment Or Services--representation (oct
2020)
(a) Definitions. As Used In This Provision, “covered Telecommunications Equipment Or Services” And "reasonable Inquiry" Have The Meaning Provided In The Clause 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment.
(b) Procedures. The Offeror Shall Review The List Of Excluded Parties In The System For Award Management (sam) (https://www.sam.gov) For Entities Excluded From Receiving Federal Awards For “covered Telecommunications Equipment Or Services”.
(c) Representations.
(1) The Offeror Represents That It [___ ] Does, [___ ] Does Not Provide Covered Telecommunications Equipment Or Services As A Part Of Its Offered Products Or Services To The Government In The Performance Of Any Contract, Subcontract, Or Other Contractual Instrument.
(2) After Conducting A Reasonable Inquiry For Purposes Of This Representation, The Offeror Represents That It [___ ] Does, [___ ] Does Not Use Covered Telecommunications Equipment Or Services, Or Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services.
(end Of Provision)
52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders--commercial Products And Commercial Services (may 2022)
(a) The Contractor Shall Comply With The Following Federal Acquisition Regulation (far) Clauses, Which Are Incorporated In This Contract By Reference, To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Products And Commercial Services:
(1) 52.203-19, Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements (jan 2017) (section 743 Of Division E, Title Vii, Of The Consolidated And Further Continuing Appropriations Act, 2015 (pub. L. 113-235) And Its Successor Provisions In Subsequent Appropriations Acts (and As Extended In Continuing Resolutions)).
(2) 52.204-23, Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities (nov 2021) (section 1634 Of Pub. L. 115-91).
(3) 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (nov 2021) (section 889(a)(1)(a) Of Pub. L. 115-232).
(4) 52.209-10, Prohibition On Contracting With Inverted Domestic Corporations (nov 2015).
(5) 52.233-3, Protest After Award (aug 1996) (31 U.s.c. 3553).
(6) 52.233-4, Applicable Law For Breach Of Contract Claim (oct 2004) (public Laws 108-77 And 108-78 (19 U.s.c. 3805 Note)).
(b) The Contractor Shall Comply With The Far Clauses In This Paragraph (b) That The Contracting Officer Has Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Products And Commercial Services: [contracting Officer Check As Appropriate.]
x (1) 52.203-6, Restrictions On Subcontractor Sales To The Government (jun 2020), With Alternate I (nov 2021) (41 U.s.c. 4704 And 10 U.s.c. 2402).
___ (2) 52.203-13, Contractor Code Of Business Ethics And Conduct (nov 2021) (41 U.s.c. 3509).
___ (3) 52.203-15, Whistleblower Protections Under The American Recovery And Reinvestment Act Of 2009 (jun 2010) (section 1553 Of Pub. L. 111-5). (applies To Contracts Funded By The American Recovery And Reinvestment Act Of 2009.)
x (4) 52.204-10, Reporting Executive Compensation And First-tier Subcontract Awards (jun 2020) (pub. L. 109-282) (31 U.s.c. 6101 Note).
___ (5) [reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (oct 2016) (pub. L. 111-117, Section 743 Of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements For Indefinite-delivery Contracts (oct 2016) (pub. L. 111-117, Section 743 Of Div. C).
x (8) 52.209-6, Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment. (nov 2021) (31 U.s.c. 6101 Note).
x (9) 52.209-9, Updates Of Publicly Available Information Regarding Responsibility Matters (oct 2018) (41 U.s.c. 2313).
____ (10) [reserved]
____ (11) 52.219-3, Notice Of Hubzone Set-aside Or Sole-source Award (sep 2021) (15 U.s.c. 657a).
____ (12) 52.219-4, Notice Of Price Evaluation Preference For Hubzone Small Business Concerns (sep 2021) (if The Offeror Elects To Waive The Preference, It Shall So Indicate In Its Offer) (15 U.s.c. 657a).
____ (13) [reserved]
x (14)(i) 52.219-6, Notice Of Total Small Business Set-aside (nov 2020) (15 U.s.c. 644).
____ (ii) Alternate I (mar 2020) Of 52.219-6.
____ (15)(i) 52.219-7, Notice Of Partial Small Business Set-aside (nov 2020) (15 U.s.c. 644).
____ (ii) Alternate I (mar 2020) Of 52.219-7.
x (16) 52.219-8, Utilization Of Small Business Concerns (oct 2018) (15 U.s.c. 637(d)(2) And (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (nov 2021) (15 U.s.c. 637(d)(4)).
____ (ii) Alternate I (nov 2016) Of 52.219-9.
____ (iii) Alternate Ii (nov 2016) Of 52.219-9.
____ (iv) Alternate Iii (jun 2020) Of 52.219-9.
____ (v) Alternate Iv (sep 2021) Of 52.219-9.
____ (18) (i) 52.219-13, Notice Of Set-aside Of Orders (mar 2020) (15 U.s.c. 644(r)).
____ (ii) Alternate I (mar 2020) Of 52.219-13.
x (19) 52.219-14, Limitations On Subcontracting (sep 2021) (15 U.s.c. 657s).
x (20) 52.219-16, Liquidated Damages—subcontracting Plan (sep 2021) (15 U.s.c. 637(d)(4)(f)(i)).
____ (21) 52.219-27, Notice Of Service-disabled Veteran-owned Small Business Set-aside (sep 2021) (15 U.s.c. 657f).
x (22) (i) 52.219-28, Post-award Small Business Program Rerepresentation (sep 2021) (15 U.s.c. 632(a)(2)).
____ (ii) Alternate I (mar 2020) Of 52.219-28.
____ (23) 52.219-29, Notice Of Set-aside For, Or Sole-source Award To, Economically Disadvantaged Women-owned Small Business Concerns (sep 2021) (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 (sep 2021) (15 U.s.c. 637(m)).
____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (mar 2020) (15 U.s.c. 644(r)).
____ (26) 52.219-33, Nonmanufacturer Rule (sep 2021) (15 U.s.c. 657s).
x (27) 52.222-3, Convict Labor (jun 2003) (e.o. 11755).
____(28) 52.222-19, Child Labor--cooperation With Authorities And Remedies (jan 2022) (e.o. 13126).
x (29) 52.222-21, Prohibition Of Segregated Facilities (apr 2015).
x (30)(i) 52.222-26, Equal Opportunity (sept 2016) (e.o. 11246).
____ (ii) Alternate I (feb 1999) Of 52.222-26.
x (31)(i) 52.222-35, Equal Opportunity For Veterans (jun 2020) (38 U.s.c. 4212).
____ (ii) Alternate I (jul 2014) Of 52.222-35.
x (32)(i) 52.222-36, Equal Opportunity For Workers With Disabilities (jun 2020) (29 U.s.c. 793).
____ (ii) Alternate I (jul 2014) Of 52.222-36.
x (33) 52.222-37, Employment Reports On Veterans (jun 2020) (38 U.s.c. 4212).
x (34) 52.222-40, Notification Of Employee Rights Under The National Labor Relations Act (dec 2010) (e.o. 13496).
x (35)(i) 52.222-50, Combating Trafficking In Persons (nov 2021) (22 U.s.c. Chapter 78 And E.o. 13627).
____ (ii) Alternate I (mar 2015) Of 52.222-50 (22 U.s.c. Chapter 78 And E.o. 13627).
x (36) 52.222-54, Employment Eligibility Verification (may 2022). (e. O. 12989). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items Or Certain Other Types Of Commercial Products Or Commercial Services As Prescribed In Far 22.1803.)
____ (37)(i) 52.223-9, Estimate Of Percentage Of Recovered Material Content For Epa–designated Items (may 2008) (42 U.s.c. 6962(c)(3)(a)(ii)). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items.)
____ (ii) Alternate I (may 2008) Of 52.223-9 (42 U.s.c. 6962(i)(2)(c)). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items.)
x (38) 52.223-11, Ozone-depleting Substances And High Global Warming Potential Hydrofluorocarbons (jun 2016) (e.o. 13693).
____ (39) 52.223-12, Maintenance, Service, Repair, Or Disposal Of Refrigeration Equipment And Air Conditioners (jun 2016) (e.o. 13693).
____ (40) (i) 52.223-13, Acquisition Of Epeat® Registered Imaging Equipment (jun 2014) (e.o.s 13423 And 13514).
____ (ii) Alternate I (oct 2015) Of 52.223-13.
____ (41)(i) 52.223-14, Acquisition Of Epeat® Registered Televisions (jun 2014) (e.o.s 13423 And 13514).
____ (ii) Alternate I (jun 2014) Of 52.223-14.
____ (42) 52.223-15, Energy Efficiency In Energy-consuming Products (may 2020) (42 U.s.c. 8259b).
____ (43)(i) 52.223-16, Acquisition Of Epeat®-registered Personal Computer Products (oct 2015) (e.o.s 13423 And 13514).
____ (ii) Alternate I (jun 2014) Of 52.223-16.
x (44) 52.223-18, Encouraging Contractor Policies To Ban Text Messaging While Driving (jun 2020) (e.o. 13513).
____ (45) 52.223-20, Aerosols (jun 2016) (e.o. 13693).
____ (46) 52.223-21, Foams (jun 2016) (e.o. 13693).
____ (47)(i) 52.224-3, Privacy Training (jan 2017) (5 U.s.c. 552a).
____ (ii) Alternate I (jan 2017) Of 52.224-3.
____ (48) 52.225-1, Buy American--supplies (nov 2021) (41 U.s.c. Chapter 83).
____ (49) (i) 52.225-3, Buy American--free Trade Agreements--israeli Trade Act (nov 2021) (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.
____ (ii) Alternate I (jan 2021) Of 52.225-3.
____ (iii) Alternate Ii (jan 2021) Of 52.225-3.
____ (iv) Alternate Iii (jan 2021) Of 52.225-3.
____ (50) 52.225-5, Trade Agreements (oct 2019) 19 U.s.c. 2501, Et Seq., 19 U.s.c. 3301 Note).
x (51) 52.225-13, Restrictions On Certain Foreign Purchases (feb 2021) (e.o.'s, Proclamations, And Statutes Administered By The Office Of Foreign Assets Control Of The Department Of The Treasury).
____ (52) 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).
____ (53) 52.226-4, Notice Of Disaster Or Emergency Area Set-aside (nov 2007) (42 U.s.c. 5150
____ (54) 52.226-5, Restrictions On Subcontracting Outside Disaster Or Emergency Area (nov 2007) (42 U.s.c. 5150).
____ (55) 52.229-12, Tax On Certain Foreign Procurements (feb 2021).
____ (56) 52.232-29, Terms For Financing Of Purchases Of Commercial Products And Commercial Services (nov 2021) (41 U.s.c. 4505, 10 U.s.c. 2307(f)).
____ (57) 52.232-30, Installment Payments For Commercial Products And Commercial Services (nov 2021) (41 U.s.c. 4505, 10 U.s.c. 2307(f)).
____ (58) 52.232-33, Payment By Electronic Funds Transfer—system For Award Management (oct 2018) (31 U.s.c. 3332).
____ (59) 52.232-34, Payment By Electronic Funds Transfer—other Than System For Award Management (jul 2013) (31 U.s.c. 3332).
____ (60) 52.232-36, Payment By Third Party (may 2014) (31 U.s.c. 3332).
____ (61) 52.239-1, Privacy Or Security Safeguards (aug 1996) (5 U.s.c. 552a).
____ (62) 52.242-5, Payments To Small Business Subcontractors (jan 2017)(15 U.s.c. 637(d)(13)).
____ (63)(i) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (nov 2021) (46 U.s.c. 55305 And 10 U.s.c. 2631).
____ (ii) Alternate I (apr 2003) Of 52.247-64.
____ (iii) Alternate Ii (nov 2021) 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 Products And Commercial Services: [contracting Officer Check As Appropriate.]
_____ (1) 52.222-41, Service Contract Labor Standards (aug 2018) (41 U.s.c. Chapter 67).
_____ (2) 52.222-42, Statement Of Equivalent Rates For Federal Hires (may 2014) (29 U.s.c. 206 And 41 U.s.c. Chapter 67).
_____ (3) 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).
_____ (4) 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).
_____ (5) 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).
_____ (6) 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).
_____ (7) 52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026 (jan 2022) (e.o. 13658).
_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (jan 2022) (e.o. 13706).
_____ (9) 52.226-6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) (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, As Defined In Far 2.101, On The Date Of Award Of This Contract, 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 Products Or Commercial Services. 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 (nov 2021) (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 (nov 2021) (section 1634 Of Pub. L. 115-91).
(iv) 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (nov 2021) (section 889(a)(1)(a) Of Pub. L. 115-232).
(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 The Applicable Threshold Specified In Far 19.702(a) On The Date Of Subcontract Award, The Subcontractor Must Include 52.219-8 In Lower Tier Subcontracts That Offer Subcontracting Opportunities.
(vi) 52.222-21, Prohibition Of Segregated Facilities (apr 2015).
(vii) 52.222-26, Equal Opportunity (sep 2016) (e.o. 11246).
(viii) 52.222-35, Equal Opportunity For Veterans (jun 2020) (38 U.s.c. 4212).
(ix) 52.222-36, Equal Opportunity For Workers With Disabilities (jun 2020) (29 U.s.c. 793).
(x) 52.222-37, Employment Reports On Veterans (jun 2020) (38 U.s.c. 4212).
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (aug 2018), (41 U.s.c. Chapter 67).
(xiii) _____ (a) 52.222-50, Combating Trafficking In Persons (nov 2021) (22 U.s.c. Chapter 78 And E.o. 13627).
_____ (b) Alternate I (march 2, 2015) Of 52.222-50 (22 U.s.c. Chapter 78 And E.o. 13627).
(xiv) 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.)
(xv) 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)
(xvi) 52.222-54, Employment Eligibility Verification (may 2022) (e. O. 12989).
(xvii) 52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026 (jan 2022) (e.o. 13658).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (jan 2022) (e.o. 13706).
(xix) (a) 52.224-3, Privacy Training (jan 2017) (5u.s.c.552a).
(b) Alternate I (jan 2017) Of 52.224-3.
(xx) 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).
(xxi) 52.226-6, Promoting Excess Food Donation To Nonprofit Organizations. (jun 2020) (42 U.s.c. 1792). Flow Down Required In Accordance With Paragraph (e) Of Far Clause 52.226-6.
(xxii) 52.247-64, Preference For Privately-owned U.s. Flag Commercial Vessels (nov 2021) (46 U.s.c. 55305 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 Products And Commercial Services A Minimal Number Of Additional Clauses Necessary To Satisfy Its Contractual Obligations.
(end Of Clause)
252.211-7003 Item Unique Identification And Valuation (mar 2022)
(a) Definitions. As Used In This Clause-
automatic Identification Device Means A Device, Such As A Reader Or Interrogator, Used To Retrieve Data Encoded On Machine-readable Media.
concatenated Unique Item Identifier Means--
(1) For Items That Are Serialized Within The Enterprise Identifier, The Linking Together Of The Unique Identifier Data Elements In Order Of The Issuing Agency Code, Enterprise Identifier, And Unique Serial Number Within The Enterprise Identifier; Or
(2) For Items That Are Serialized Within The Original Part, Lot, Or Batch Number, The Linking Together Of The Unique Identifier Data Elements In Order Of The Issuing Agency Code; Enterprise Identifier; Original Part, Lot, Or Batch Number; And Serial Number Within The Original Part, Lot, Or Batch Number.
data Matrix Means A Two-dimensional Matrix Symbology, Which Is Made Up Of Square Or, In Some Cases, Round Modules Arranged Within A Perimeter Finder Pattern And Uses The Error Checking And Correction 200
(ecc200) Specification Found Within International Standards Organization (iso)/international Electrotechnical Commission (iec) 16022.
data Qualifier Means A Specified Character (or String Of Characters) That Immediately Precedes A Data Field That Defines The General Category Or Intended Use Of The Data That Follows.
dod Recognized Unique Identification Equivalent Means A Unique Identification Method That Is In Commercial Use And Has Been Recognized By Dod. All Dod Recognized Unique Identification Equivalents Are Listed At Https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.
dod Item Unique Identification Means A System Of Marking Items Delivered To Dod With Unique Item Identifiers That Have Machine-readable Data Elements To Distinguish An Item From All Other Like And Unlike Items. For Items That Are Serialized Within The Enterprise Identifier, The Unique Item Identifier Shall Include The Data Elements Of The Enterprise Identifier And A Unique Serial Number. For Items That Are Serialized Within The Part, Lot, Or Batch Number Within The Enterprise Identifier, The Unique Item Identifier Shall Include The Data Elements Of The Enterprise Identifier; The Original Part, Lot, Or Batch Number; And The Serial Number.
enterprise Means The Entity (e.g., A Manufacturer Or Vendor) Responsible For Assigning Unique Item Identifiers To Items.
enterprise Identifier Means A Code That Is Uniquely Assigned To An Enterprise By An Issuing Agency.
government's Unit Acquisition Cost Means--
(1) For Fixed-price Type Line, Subline, Or Exhibit Line Items, The Unit Price Identified In The Contract At The Time Of Delivery;
(2) For Cost-type Or Undefinitized Line, Subline, Or Exhibit Line Items, The Contractor's Estimated Fully Burdened Unit Cost To The Government At The Time Of Delivery; And
(3) For Items Produced Under A Time-and-materials Contract, The Contractor's Estimated Fully Burdened Unit Cost To The Government At The Time Of Delivery.
issuing Agency Means An Organization Responsible For Assigning A Globally Unique Identifier To An Enterprise, As Indicated In The Register Of Issuing Agency Codes For Iso/iec 15459, Located At Http://www.aimglobal.org/?reg_authority15459.
issuing Agency Code Means A Code That Designates The Registration (or Controlling) Authority For The Enterprise Identifier.
item Means A Single Hardware Article Or A Single Unit Formed By A Grouping Of Subassemblies, Components, Or Constituent Parts.
lot Or Batch Number Means An Identifying Number Assigned By The Enterprise To A Designated Group Of Items, Usually Referred To As Either A Lot Or A Batch, All Of Which Were Manufactured Under Identical Conditions.
machine-readable Means An Automatic Identification Technology Media, Such As Bar Codes, Contact Memory Buttons, Radio Frequency Identification, Or Optical Memory Cards.
original Part Number Means A Combination Of Numbers Or Letters Assigned By The Enterprise At Item Creation To A Class Of Items With The Same Form, Fit, Function, And Interface.
parent Item Means The Item Assembly, Intermediate Component, Or Subassembly That Has An Embedded Item With A Unique Item Identifier Or Dod Recognized Unique Identification Equivalent.
serial Number Within The Enterprise Identifier Means A Combination Of Numbers, Letters, Or Symbols Assigned By The Enterprise To An Item That Provides For The Differentiation Of That Item From Any Other Like And Unlike Item And Is Never Used Again Within The Enterprise.
serial Number Within The Part, Lot, Or Batch Number Means A Combination Of Numbers Or Letters Assigned By The Enterprise To An Item That Provides For The Differentiation Of That Item From Any Other Like Item Within A Part, Lot, Or Batch Number Assignment.
serialization Within The Enterprise Identifier Means Each Item Produced Is Assigned A Serial Number That Is Unique Among All The Tangible Items Produced By The Enterprise And Is Never Used Again. The Enterprise Is Responsible For Ensuring Unique Serialization Within The Enterprise Identifier.
serialization Within The Part, Lot, Or Batch Number Means Each Item Of A Particular Part, Lot, Or Batch Number Is Assigned A Unique Serial Number Within That Part, Lot, Or Batch Number Assignment. The Enterprise Is Responsible For Ensuring Unique Serialization Within The Part, Lot, Or Batch Number Within The Enterprise Identifier.
type Designation Means A Combination Of Letters And Numerals Assigned By The Government To A Major End Item, Assembly Or Subassembly, As Appropriate, To Provide A Convenient Means Of Differentiating Between Items Having The Same Basic Name And To Indicate Modifications And Changes Thereto.
unique Item Identifier Means A Set Of Data Elements Marked On Items That Is Globally Unique And Unambiguous. The Term Includes A Concatenated Unique Item Identifier Or A Dod Recognized Unique Identification Equivalent.
unique Item Identifier Type Means A Designator To Indicate Which Method Of Uniquely Identifying A Part Has Been Used. The Current List Of Accepted Unique Item Identifier Types Is Maintained At Https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.
(b) The Contractor Shall Deliver All Items Under A Contract Line, Subline, Or Exhibit Line Item.
(c) Unique Item Identifier. (1) The Contractor Shall Provide A Unique Item Identifier For The Following:
(i) Delivered Items For Which The Government's Unit Acquisition Cost Is $5,000 Or More, Except For The Following Line Items:
------------------------------------------------------------------------
contract Line, Subline, Or Exhibit
Line Item No. Item Description
------------------------------------------------------------------------
0001 5,000 Lb Forklift
------------------------------------------------------------------------
(ii) Items For Which The Government's Unit Acquisition Cost Is Less Than $5,000 That Are Identified In The Schedule Or The Following Table:
------------------------------------------------------------------------
contract Line, Subline, Or Exhibit
Line Item No. Item Description
------------------------------------------------------------------------
...................................
------------------------------------------------------------------------
(if Items Are Identified In The Schedule, Insert ``see Schedule'' In This Table.)
(iii) Subassemblies, Components, And Parts Embedded Within Delivered Items, Items With Warranty Requirements, Dod Serially Managed Reparables And Dod Serially Managed Nonreparables As Specified In Attachment Number ----.
(iv) Any Item Of Special Tooling Or Special Test Equipment As Defined In Far 2.101 That Have Been Designated For Preservation And Storage For A Major Defense Acquisition Program As Specified In Attachment Number ----.
(v) Any Item Not Included In Paragraphs (c)(1)(i), (ii), (iii), Or
(iv) Of This Clause For Which The Contractor Creates And Marks A Unique Item Identifier For Traceability.
(2) The Unique Item Identifier Assignment And Its Component Data Element Combination Shall Not Be Duplicated On Any Other Item Marked Or Registered In The Dod Item Unique Identification Registry By The Contractor.
(3) The Unique Item Identifier Component Data Elements Shall Be Marked On An Item Using Two Dimensional Data Matrix Symbology That Complies With Iso/iec International Standard 16022, Information
technology--international Symbology Specification--data Matrix; Ecc200 Data Matrix Specification.
(4) Data Syntax And Semantics Of Unique Item Identifiers. The Contractor Shall Ensure That--
(i) The Data Elements (except Issuing Agency Code) Of The Unique Item Identifier Are Encoded Within The Data Matrix Symbol That Is Marked On The Item Using One Of The Following Three Types Of Data Qualifiers, As Determined By The Contractor:
(a) Application Identifiers (ais) (format Indicator 05 Of Iso/iec International Standard 15434), In Accordance With Iso/iec International Standard 15418, Information Technology--ean/ucc Application Identifiers And Fact Data Identifiers And Maintenance And Ansi Mh 10.8.2 Data Identifier And Application Identifier Standard.
(b) Data Identifiers (dis) (format Indicator 06 Of Iso/iec International Standard 15434), In Accordance With Iso/iec International Standard 15418, Information Technology--ean/ucc Application Identifiers
and Fact Data Identifiers And Maintenance And Ansi Mh 10.8.2 Data Identifier And Application Identifier Standard.
(c) Text Element Identifiers (teis) (format Indicator 12 Of Iso/iec International Standard 15434), In Accordance With The Air Transport Association Common Support Data Dictionary; And
(ii) The Encoded Data Elements Of The Unique Item Identifier Conform To The Transfer Structure, Syntax, And Coding Of Messages And Data Formats Specified For Format Indicators 05, 06, And 12 In Iso/iec International Standard 15434, Information Technology-transfer Syntax For High Capacity Automatic Data Capture Media.
(5) Unique Item Identifier.
(i) The Contractor Shall--
(a) Determine Whether To--
(1) Serialize Within The Enterprise Identifier;
(2) Serialize Within The Part, Lot, Or Batch Number; Or
(3) Use A Dod Recognized Unique Identification Equivalent (e.g. Vehicle Identification Number); And
(b) Place The Data Elements Of The Unique Item Identifier (enterprise Identifier; Serial Number; Dod Recognized Unique Identification Equivalent; And For Serialization Within The Part, Lot, Or Batch Number Only: Original Part, Lot, Or Batch Number) On Items Requiring Marking By Paragraph (c)(1) Of This Clause, Based On The Criteria Provided In Mil-std-130, Identification Marking Of U.s. Military Property, Latest Version;
(c) Label Shipments, Storage Containers And Packages That Contain Uniquely Identified Items In Accordance With The Requirements Of Mil-std-129, Military Marking For Shipment And Storage, Latest Version; And
(d) Verify That The Marks On Items And Labels On Shipments, Storage Containers, And Packages Are Machine Readable And Conform To The Applicable Standards. The Contractor Shall Use An Automatic Identification Technology Device For This Verification That Has Been Programmed To The Requirements Of Appendix A, Mil-std-130, Latest
version.
(ii) The Issuing Agency Code--
(a) Shall Not Be Placed On The Item; And
(b) Shall Be Derived From The Data Qualifier For The Enterprise Identifier.
(d) For Each Item That Requires Item Unique Identification Under Paragraph (c)(1)(i), (ii), Or (iv) Of This Clause Or When Item Unique Identification Is Provided Under Paragraph (c)(1)(v), In Addition To The Information Provided As Part Of The Material Inspection And Receiving Report Specified Elsewhere In This Contract, The Contractor Shall Report At The Time Of Delivery, As Part Of The Material Inspection And Receiving Report, The Following Information:
(1) Unique Item Identifier.
(2) Unique Item Identifier Type.
(3) Issuing Agency Code (if Concatenated Unique Item Identifier Is Used).
(4) Enterprise Identifier (if Concatenated Unique Item Identifier Is Used).
(5) Original Part Number (if There Is Serialization Within The Original Part Number).
(6) Lot Or Batch Number (if There Is Serialization Within The Lot Or Batch Number).
(7) Current Part Number (optional And Only If Not The Same As The Original Part Number).
(8) Current Part Number Effective Date (optional And Only If Current Part Number Is Used).
(9) Serial Number (if Concatenated Unique Item Identifier Is Used).
(10) Government's Unit Acquisition Cost.
(11) Unit Of Measure.
(12) Type Designation Of The Item As Specified In The Contract Schedule, If Any.
(13) Whether The Item Is An Item Of Special Tooling Or Special Test Equipment.
(14) Whether The Item Is Covered By A Warranty.
(e) For Embedded Subassemblies, Components, And Parts That Require Dod Unique Item Identification Under Paragraph (c)(1)(iii) Of This Clause, The Contractor Shall Report As Part Of, Or Associated With, The Material Inspection And Receiving Report Specified Elsewhere In This Contract, The Following Information:
(1) Unique Item Identifier Of The Parent Item Under Paragraph (c)(1) Of This Clause That Contains The Embedded Subassembly, Component, Or Part.
(2) Unique Item Identifier Of The Embedded Subassembly, Component, Or Part.
(3) Unique Item Identifier Type.**
(4) Issuing Agency Code (if Concatenated Unique Item Identifier Is Used).**
(5) Enterprise Identifier (if Concatenated Unique Item Identifier Is Used).**
(6) Original Part Number (if There Is Serialization Within The Original Part Number).**
(7) Lot Or Batch Number (if There Is Serialization Within The Lot Or Batch Number).**
(8) Current Part Number (optional And Only If Not The Same As The Original Part Number).**
(9) Current Part Number Effective Date (optional And Only If Current Part Number Is Used).**
(10) Serial Number (if Concatenated Unique Item Identifier Is Used).**
(11) Description.
** Once Per Item.
(f) The Contractor Shall Submit The Information Required By Paragraphs (d) And (e) Of This Clause As Follows:
(1) End Items Shall Be Reported Using The Receiving Report Capability In Wide Area Workflow (wawf) In Accordance With The Clause At 252.232-7003. If Wawf Is Not Required By This Contract, And The
contractor Is Not Using Wawf, Follow The Procedures At Http://dodprocurementtoolbox.com/site/uidregistry/.
(2) Embedded Items Shall Be Reported By One Of The Following Methods--
(i) Use Of The Embedded Items Capability In Wawf;
(ii) Direct Data Submission To The Iuid Registry Following The Procedures And Formats At Http://dodprocurementtoolbox.com/site/uidregistry/; Or
(iii) Via Wawf As A Deliverable Attachment For Exhibit Line Item Number (fill In) ----, Unique Item Identifier Report For Embedded Items, Contract Data Requirements List, Dd Form 1423.
(g) Subcontracts. If The Contractor Acquires By Subcontract Any Items For Which Item Unique Identification Is Required In Accordance With Paragraph (c)(1) Of This Clause, The Contractor Shall Include This Clause, Including This Paragraph (g), In The Applicable Subcontract(s), Including Subcontracts For Commercial Items.
(end Of Clause)
252.232-7006 Wide Area Workflow Payment Instructions (dec 2018)
(a) Definitions. As Used In This Clause—
“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.
“payment Request” And “receiving Report” Are Defined In The Clause At 252.232-7003, Electronic Submission Of Payment Requests And Receiving Reports.
(b) Electronic Invoicing. The Wawf System Provides The Method To Electronically Process Vendor Payment Requests And Receiving Reports, As Authorized By Defense Federal Acquisition Regulation Supplement (dfars) 252.232-7003, Electronic Submission Of Payment Requests And Receiving Reports.
(c) Wawf Access. To Access Wawf, The Contractor Shall—
(1) Have A Designated Electronic Business Point Of Contact In The System For Award Management At Https://www.sam.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 Shall Use The Following Information When Submitting Payment Requests And Receiving Reports In Wawf For This Contract Or Task Or Delivery Order:
(1) Document Type. The Contractor Shall Submit Payment Requests Using The Following Document Type(s):
(i) For Cost-type Line Items, Including Labor-hour Or Time-and-materials, Submit A Cost Voucher.
(ii) For Fixed Price Line Items—
(a) That Require Shipment Of A Deliverable, Submit The Invoice And Receiving Report Specified By The Contracting Officer.
____________________________________________________________
(contracting Officer: Insert Applicable Invoice And Receiving Report Document Type(s) For Fixed Price Line Items That Require Shipment Of A Deliverable.)
(b) For Services That Do Not Require Shipment Of A Deliverable, Submit Either The Invoice 2in1, Which Meets The Requirements For The Invoice And Receiving Report, Or The Applicable Invoice And Receiving Report, As Specified By The Contracting Officer.
combo
____________________________________________________________
n/a
(iii) For Customary Progress Payments Based On Costs Incurred, Submit A Progress Payment Request.
(iv) For Performance Based Payments, Submit A Performance Based Payment Request.
(v) For Commercial Item Financing, Submit A Commercial Item Financing Request.
(2) Fast Pay Requests Are Only Permitted When Federal Acquisition Regulation (far) 52.213-1 Is Included In The Contract.
[note: The Contractor May Use A Wawf “combo” Document Type To Create Some Combinations Of Invoice And Receiving Report In One Step.]
(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
hq0490
issue By Dodaac
w56hzv
admin Dodaac**
w56hzv
inspect By Dodaac
w56tru
ship To Code
w56tru
ship From Code
n/a
mark For Code
w56tru
service Approver (dodaac)
n/a
service Acceptor (dodaac)
n/a
accept At Other Dodaac
n/a
lpo Dodaac
n/a
dcaa Auditor Dodaac
n/a
other Dodaac(s)
n/a
(4) Payment Request. The Contractor Shall Ensure A Payment Request Includes Documentation Appropriate To The Type Of Payment Request In Accordance With The Payment Clause, Contract Financing Clause, Or Federal Acquisition Regulation 52.216-7, Allowable Cost And Payment, As Applicable.
(5) Receiving Report. The Contractor Shall Ensure A Receiving Report Meets The Requirements Of Dfars Appendix F.
(g) Wawf Point Of Contact.tbd
(1) The Contractor May Obtain Clarification Regarding Invoicing In Wawf From The Following Contracting Activity’s Wawf Point Of Contact.
(2) Contact The Wawf Helpdesk At 866-618-5988, If Assistance Is Needed.
(end Of Clause)
Closing Date5 Apr 2024
Tender AmountRefer Documents
DEPT OF THE NAVY USA Tender
United States
Details: **updated On 9/9 With Updated Technical Specifications Attachment**
rfq No. N00173-24-q-tg04
combined Synopsis/solicitation
this Is A Combined Synopsis/solicitation For Commercial Items Prepared In Accordance With The Format In Federal Acquisition Regulations (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. Solicitation Documents And Incorporated Provisions Are Those In Effect Through Federal Acquisition Circular 2022-06, Dpn 20220318 And Nmcars 18-21.
general Information
solicitation Type
request For Quote, Following Far Subpart 13.5 Procedures
solicitation Number
n00173-24-q-tg04
post Date
september 6, 2024
response Date / Time
september 16, 2024, 2pm Edt
naics Code
334210
size Standard
1250 Employees
product Or Service Code
7g22
set-aside
total Small Business
contract Type
firm Fixed-price (ffp)
point(s) Of Contact
torrean Green, Contract Specialist, Torrean.j.green.civ@us.navy.mil
all Changes To This Solicitation That Occur Prior To The Closing Date Will Be Issued Via Amendment Posted To The Announcement On Government-wide Point Of Entry (beta.sam.gov). It Is The Responsibility Of Interested Vendors To Monitor The Announcement For Amendments That May Be Issued To This Solicitation. For Changes Made After The Closing Date, Only Those Vendors That Provide A Quote Will Be Provided Any Changes/amendments And Considered For Future Discussions And/or Award.
questions Must Be Submitted To The Point Of Contact Listed Above No Later Than Five (5) Days After The Posted Date.
requirement Information
the Naval Research Laboratory (nrl) Has A Requirement To Procure 15 Cellular Routers With 5g Capability, 2.5 Gbps Router Throughput, 500 Mbps Virtual Private Network (vpn) Throughput And Enable Speedfusion Technology. Complete Physical, Functional, Performance Requirements Are Provided In The Attachment Of This Solicitation.
the Anticipated Line Item Structure As Follows Is Based On The Items Outlined In The Salient Characteristics (attachment 1):
item
schedule Of Supplies/services
quantity
unit
unit Price
amount
0001
5g Capable Router
15
ea
$
$
0002
warranty
ea
$
$
total Price
$
$
rfq No. N00173-24-q-tg04
in Accordance With Far 52.204-22, Alternative Line Items Structures That Best Reflect The Vendor’s Practices And Proposed Items May Be Submitted.
delivery And Other Requirement Information
required Delivery Dates:
equipment Delivery Shall Be No Later Than 180 Days From The Date Of Award.
delivery Location: Receiving Officer Contract Number: Tbd Attn: Tbd, Code: Tbd Naval Research Laboratory 45555 Overlook Ave., Sw, Washington, Dc 20375
inspection / Acceptance: Inspection Acceptance Will Be In Accordance With Far 52.212-4 Unless The Contracting Officer Determines Other Acceptance Procedures To Be More Appropriate For The Acquisition Of This Complex Commercial Item.
fob Point: Destination, Free Of Expense To The Government, In Accordance With Far 52.247-34.
far 52.212-1, Instructions To Offerors— Commercial Products And Commercial Services (nov 2021) - And Addenda To Far 52.212-1 Applies To This Acquisition.
far 52.212-1 Has Been Tailored To Include The Following Additional Instructions:
m) Submission: Quotes Shall Be Submitted Electronically, Via Email, To The Point Of Contact Listed In This Solicitation, By The Date Offers Are Due Identified In The General Information Section Of This Solicitation. Facsimile Quotes Are Not Authorized. A Confirmation Receipt Will Be Provided, But It Is The Sole Responsibility Of The Vendor To Ensure That Its Response Is Received In Its Entirety And In A Timely Manner.
n) Quote Requirements: Vendor Shall Submit Documentation That Confirms The Proposed Item(s) Meet Or Exceeds All Physical, Functional, Performance, And Delivery Schedule Requirements And Any Other Terms And Conditions Specified In This Solicitation And Its Attachment(s). The Quote Shall Also Include:
i. Company Information, To Include Company Name, Address, Unique Entity Id (uei) Number And Cage Code, And Company Point Of Contact, Phone Number, Email Address And Web Page Url.
ii. Letter Of Authorization – If Providing The Products/items Of Another Manufacturer As An Authorized Reseller/partner, The Vendor Shall Include Some Form Of Documentation From The Manufacturer Illustrating That The Vendor Is An Authorized Reseller/partner.
iii. Description Of Standard Commercial Warranty.
iv. If Including A Software Product In Its Quote, Vendor Shall Provide A Summary Of Its Standard Federal Government Software License In Its Technical Proposal. The Full Software License Shall Be Added As An Attachment To The Technical Proposal. If The Vendor Does Not Have A Federal Government Software License, The Contractor Shall Provide A Summary And Copy Of Its Commercial Software License Customarily Provided To The Public
rfq No. N00173-24-q-tg04
v. The Vendor Shall Provide A Detailed Explanation Of (a) How The Use Of Foreign Parts Will Be Prevented Or Minimized, (b) How The Impact Of Any Employed Foreign Parts Will Be Mitigated, And (c) What Steps Will Be Taken To Protect The System From Tampering Between System Manufacturing And System Installation.
vi. Vendor Shall Include A Cross Reference Chart To Show Whether The Proposed Solution Meets Each Of The Specifications. The Chart Shall Also Reference Page And Section Of The Technical Quote.
vii. Vendor Shall Include Warranty And Preventative Maintenance In The Technical Quote, For Ease Of Evaluation, And Not As A Separate Document.
viii. Offeror Shall Include The Facility Work Requirement Sheet In The Technical Proposal. The Facility Work Requirement Sheet Shall Also Include All Necessary Nrl Site Preparation Requirements For Installation.
ix. Vendor Shall Include A Completed Copy Of The Provision At 52.212-3, Vendor Representations And Certifications – Commercial Items, With Its Offer.
x. To Facilitate The Award Process, All Quotes Must Include A Statement Regarding The Terms And Conditions Herein As Follows:
(a) "the Terms And Conditions In The Solicitation Are Acceptable To Be Included In The Award Document Without Modification, Deletion, Or Addition."
or
(b) "the Terms And Conditions In The Solicitation Are Acceptable To Be Included In The Award Document With The Exception, Deletion, Or Addition Of The Following:"
vendor Shall List Exception(s) And Rationale For The Exception(s).
xi. The Vendor Shall Agree To Hold The Prices In Its Offer Firm For Sixty (60) Calendar Days From The Date Specified For Receipt Of Offers.
o) This Procurement Is For New Equipment Only. No Remanufactured Or "gray Market" Items Are Acceptable. All Equipment Must Be Covered By The Manufacturer's Warranty.
p) Vendor Shall Be An Original Equipment Manufacturer (oem), Authorized Dealer, Authorized Distributor, Or Authorized Reseller Or Partner For The Proposed Equipment/system, Such That Oem Warranty And Service Are Provided And Maintained By The Oem. All Software Licensing, Warranty, And Service Associated With The Equipment/system Shall Be In Accordance With The Oem Terms And Conditions.
q) General Statements, That The Vendor Can Or Will Comply With The Requirements, That Standard Procedures Will Be Used, That Well Known Techniques Will Be Used, Or That Paraphrases The Rfq's Specifications In Whole Or In Part, Will Not Constitute Compliance With The Mandatory Requirements Concerning The Content Of The Technical Quote.
r) Electronic And Information Technology (eit)- In Accordance With Section 508 Of The Rehabilitation Act Of 1973 (29 Usc 794d), All Eit Supplies And Services Provided Under This Contract Must Comply With The Applicable Accessibility Standards Issued By The Architectural And Transportation Barriers Compliance Board At 36 Cfr Part 1194 (see Far Subpart 39.2). Electronic And Information Technology (eit) Is Defined At Far 2.101.
rfq No. N00173-24-q-tg04
s) Any Inquiry Regarding This Solicitation Shall Be Submitted To The Contract Specialist, Patricia Severino, In Writing, Via E-mail At Patricia.severino@nrl.navy.mil, No Later Than Three (3) Business Days After The Release Date Of This Solicitation.
t) The Nrl Will Not Authorize, Allow, Or Entertain Requests For Progress Payments, Installment Payments, Or Advance Payments. All Payments Will Be In Accordance With Far 52.212-4(i) Payment.- (1) Items Accepted. Payment Shall Be Made For Items Accepted By The Government That Have Been Delivered To The Delivery Destinations Set Forth In This Contract.
far 52.212-2 - Evaluation - Commercial Products And Commercial Services (nov 2021) Applies To This Acquisition.
(a) The Government Will Award A Contract Resulting From This Solicitation To The Responsible Vendor Whose Offer Conforming To The Solicitation Will Be Most Advantageous To The Government. Factors Others Than Price Shall Be Considered, And A Price/technical Tradeoff Analysis Of Both Price And Non-price Factors Will Be Conducted In Evaluating Each Quote Submitted. Trade-off Considerations May Result In The Determination That It Is In The Best Interest Of The Government To Award To Other Than The Lowest Priced Vendor Or Other Than The Highest Technically Rated Vendor. The Following Factors Shall Be Used To Evaluate Offers:
1. Technical Capability:
the Government Will Evaluate Quotes Based On How Well The Proposed Product(s)s Meet The Requirement Of The Specifications Attachment.
vendors Will Be Evaluated From Excellent To Unacceptable On Above Parameters. The Technical Capability Rating Methodology Is As Follows:
rating
abbreviation
risk
level
definition
excellent
e
very Low Risk
the Proposal Contains No Deficiencies Or Weaknesses. Based On Information Provided, There Is No Doubt That The Vendor Demonstrates An Exceptional Understanding Of The Specifications Required To Meet Or Exceed Most Contract Requirements. The Highest Quality Of Contract Performance Is Anticipated.
very Good
vg
low Risk
the Proposal Contains No Deficiencies And Only A Few Minor Weaknesses That Do Not Require Discussions. Based On The Information Provided, There Is Little Doubt That The Vendor Demonstrates A High Quality Of Understanding Of The Specifications Required To Meet Or Exceed Some Contract Requirements.
satisfactory
s
moderate Risk
the Proposal Contains No Deficiencies And Some Weaknesses. Based On The Information Provided, The Vendor Demonstrates An Understanding Of The Specifications Required To Meet Contract Requirements.
poor
p
high Risk
the Proposal Contains Deficiencies And Significant Weaknesses. Based On Information Provided, There Is Doubt That The Contractor Understands The Specifications Required To Meet The Contract Requirements. Requirement Can Be Met Only With Major Changes To The Proposal.
unacceptable
u
unacceptable Risk
technical Proposal Has Many Deficiencies And/or Gross Omissions; Failure To Understand Much Of The Scope Of Work Necessary To Perform
rfq No. N00173-24-q-tg04
the Required Tasks; Failure To Provide A Reasonable, Logical Approach To Fulfilling Much Of The Government's Requirements.
for The Purpose Of Evaluation Of Technical Capability, The Vendor Shall Provide Documentation That Confirms The Proposed Solution Is Capable Of Meeting And/or Exceeding All The Government’s Required Specifications. Vendor Shall Include A Copy Of The Quoted System’s Manufacturer’s Specifications.
(2) General Statements, That The Vendor Can Or Will Comply With The Requirements, That Standard Procedures Will Be Used, That Well Known Techniques Will Be Used, Or That Paraphrases The Rfq's Specifications In Whole Or In Part, Will Not Constitute Compliance With The Mandatory Requirements Concerning The Content Of The Technical Quote.
2. Past Performance:
• Iaw Dfars 252.213-7000, The Contracting Officer Shall Consider Data Available In The Statistical Reporting Module Of The Supplier Performance Risk System (sprs) Regarding The Supplier’s Past Performance History For The Psc And/or Naics Of The Supplies Being Purchased.
• Ratings:
o Low Risk: Sprs Supplier Risk Score Of Blue, Purple, Or Green, Indicating A Higher Score In Sprs And Are Therefore, Considered To Have A Lower Risk Of Poor Contract Performance
o High Risk: Sprs Supplier Risk Score Of Yellow Or Red, Indicating A Lower Score In Sprs And Are Therefore, Considered To Have A Higher Risk Of Poor Contract Performance
o Neutral: In The Case Of A Supplier Without A Record Of Relevant Past Performance History In Sprs For The Naics Or Psc Of The Supplies Being Purchased, The Supplier May Not Be Evaluated Favorably Or Unfavorably For Its Past Performance History.
3. Price Reasonableness:
the Government Anticipates Making A Determination Of Fair And Reasonable Price Based On Competitive Quotes. If Only One Response Is Received, The Government May Use Other Methods As Described At 13.106-3(a)(2).
based On The Factors Above, Technical Capability Is More Important Than Supplier’s Past Performance And Supplier’s Past Performance Is More Important Than Price Reasonableness.
award On Initial Responses; Exchanges With Best-suited Contractor
the Government Anticipates Selecting The Best-suited Contractor From Initial Responses, Without Engaging In Exchanges With Vendors. Vendors Are Strongly Encouraged To Submit Their Best Technical Solutions And Price In Response To This Rfq. However, The Government May Engage In Limited Exchanges To Clarify Certain Aspects Of Quotes. Once The Government Determines The Contractor That Is The Best-suited (i.e., The Apparent Successful Contractor), The Government Reserves The Right To Communicate With Only That Contractor To Address Any Remaining Issues And Revise Quotes, If Necessary, And Finalize An Award With That Contractor. These Issues May Include Technical And Price. If The Parties Cannot Successfully Address Any Remaining Issues, As Determined In The Sole Discretion Of The Government, The Government Reserves The Right To Conduct Exchanges With The Next Best-suited Contractor And Address Any Remaining Issues And Revise Quotes, If Necessary, And Finalize An Award With That Contractor.
(b) Options. The Government Will Evaluate Offers For Award Purposes By Adding The Total Price For All Options To The Total Price For The Basic Requirement. The Government May Determine That An Offer Is Unacceptable If The Option Prices Are Significantly Unbalanced. Evaluation Of Options Shall Not Obligate The Government To Exercise The Option(s).
(c) A Written Notice Of Award Or Acceptance Of An Offer, Mailed Or Otherwise Furnished To The Successful Offeror Within The Time For Acceptance Specified In The Offer, Shall Result In A Binding Contract Without Further Action By Either
rfq No. N00173-24-q-tg04
party. Before The Offer’s Specified Expiration Time, The Government May Accept An Offer (or Part Of An Offer), Whether Or Not There Are Negotiations After Its Receipt, Unless A Written Notice Of Withdrawal Is Received Before Award.
(end Of Provision)
far 52.212-3 - Offeror Representations And Certifications- Commercial Products And Commercial Services (nov 2021) Apply To This Acquisition. Offerors Shall Have And Maintain Active Annual Representations And Certification Electronically In The System For Award Management (sam) Accessed Through Https://www.sam.gov .
the Offeror Shall Complete Only Paragraph (b) Of This Provision If The Offeror Has Completed The Annual Representations And Certification Electronically In The System For Award Management (sam) Accessed Through Https://www.sam.gov. If The Offeror Has Not Completed The Annual Representations And Certifications Electronically, The Offeror Shall Complete Only Paragraphs (c) Through (v)) Of This Provision.
if Paragraph (j*) Of The Provision Applies, A Written Submission Is Required: (j) Place Of Manufacture. (does Not Apply Unless The Solicitation Is Predominantly For The Acquisition Of Manufactured End Products.) 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) 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.
far 52.212-4, Contracts Terms And Conditions -- Commercial Products And Commercial Services -- (nov 2021) Applies To This Acquisition.
far 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders—commercial Products And Commercial Services (jan 2022) Applies To This Acquisition.
(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 2020) (section 889(a)(1)(a) Of Pub. L. 115-232).
(4) 52.209-10, Prohibition On Contracting With Inverted Domestic Corporations (nov 2015).
(5) 52.233-3, Protest After Award (aug 1996) (31 U.s.c. 3553).
rfq No. N00173-24-q-tg04
(6) 52.233-4, Applicable Law For Breach Of Contract Claim (oct 2004) (public Laws 108-77 And 108-78 ( 19 U.s.c. 3805 Note)).
(b) The Contractor Shall Comply With The Far Clauses In This Paragraph (b) That The Contracting Officer Has Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Items:
[contracting Officer Check As Appropriate.]
_x_ (1) 52.203-6, Restrictions On Subcontractor Sales To The Government (june 2020), With Alternate I (oct 1995) (41 U.s.c. 4704 And 10 U.s.c. 2402).
__ (2) 52.203-13, Contractor Code Of Business Ethics And Conduct (jun 2020) (41 U.s.c. 3509)).
__ (3) 52.203-15, Whistleblower Protections Under The American Recovery And Reinvestment Act Of 2009 (jun 2010) (section 1553 Of Pub. L. 111-5). (applies To Contracts Funded By The American Recovery And Reinvestment Act Of 2009.)
_x_ (4) 52.204-10, Reporting Executive Compensation And First-tier Subcontract Awards (jun 2020) (pub. L. 109-282) ( 31 U.s.c. 6101 Note).
__ (5) [reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (oct 2016) (pub. L. 111-117, Section 743 Of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements For Indefinite-delivery Contracts (oct 2016) (pub. L. 111-117, Section 743 Of Div. C).
_x_ (8) 52.209-6, Protecting The Government’s Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment. (jun 2020) (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) 52.219-3, Notice Of Hubzone Set-aside Or Sole-source Award (sep 2021) (15 U.s.c. 657a).
__ (12) 52.219-4, Notice Of Price Evaluation Preference For Hubzone Small Business Concerns (sep 2021) (if The Offeror Elects To Waive The Preference, It Shall So Indicate In Its Offer) (15 U.s.c. 657a).
__ (13) [reserved]
__ (14)
(i) 52.219-6, Notice Of Total Small Business Set-aside (nov 2020) (15 U.s.c. 644).
__ (ii) Alternate I (mar 2020) Of 52.219-6.
__ (15)
rfq No. N00173-24-q-tg04
(i) 52.219-7, Notice Of Partial Small Business Set-aside (nov 2020) (15 U.s.c. 644).
__ (ii) Alternate I (mar 2020) Of 52.219-7.
__ (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 (sep 2021) (15 U.s.c. 637(d)(4)).
__ (ii) Alternate I (nov 2016) Of 52.219-9.
__ (iii) Alternate Ii (nov 2016) Of 52.219-9.
__ (iv) Alternate Iii (jun 2020) Of 52.219-9.
__ (v) Alternate Iv (sep 2021) Of 52.219-9.
__ (18)
(i) 52.219-13, Notice Of Set-aside Of Orders (mar 2020) (15 U.s.c. 644(r)).
__ (ii) Alternate I (mar 2020) Of 52.219-13.
__ (19) 52.219-14, Limitations On Subcontracting (sep 2021) (15 U.s.c. 637s).
__ (20) 52.219-16, Liquidated Damages—subcontracting Plan (sep 2021) (15 U.s.c. 637(d)(4)(f)(i)).
__ (21) 52.219-27, Notice Of Service-disabled Veteran-owned Small Business Set-aside (sep 2021) (15 U.s.c. 657f).
_x_ (22)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (sep 2021) (15 U.s.c. 632(a)(2)).
__ (ii) Alternate I (mar 2020) Of 52.219-28.
__ (23) 52.219-29, Notice Of Set-aside For, Or Sole-source Award To, Economically Disadvantaged Women-owned Small Business Concerns (sep 2021) (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 (sep 2021) (15 U.s.c. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (mar 2020) (15 U.s.c. 644(r)).
_ _ (26) 52.219-33, Nonmanufacturer Rule (sep 2021) (15u.s.c. 637(a)(17)).
_x_ (27) 52.222-3, Convict Labor (jun 2003) (e.o.11755).
__ (28) 52.222-19, Child Labor-cooperation With Authorities And Remedies (jan2020) (e.o.13126).
rfq No. N00173-24-q-tg04
_x_ (29) 52.222-21, Prohibition Of Segregated Facilities (apr 2015).
_x_ (30)
(i) 52.222-26, Equal Opportunity (sep 2016) (e.o.11246).
__ (ii) Alternate I (feb 1999) Of 52.222-26.
_x_ (31)
(i) 52.222-35, Equal Opportunity For Veterans (jun 2020) (38 U.s.c. 4212).
__ (ii) Alternate I (jul 2014) Of 52.222-35.
_x_ (32)
(i) 52.222-36, Equal Opportunity For Workers With Disabilities (jun 2020) (29 U.s.c. 793).
__ (ii) Alternate I (jul 2014) Of 52.222-36.
_x_ (33) 52.222-37, Employment Reports On Veterans (jun 2020) (38 U.s.c. 4212).
_x_ (34) 52.222-40, Notification Of Employee Rights Under The National Labor Relations Act (dec 2010) (e.o. 13496).
_x_ (35)
(i) 52.222-50, Combating Trafficking In Persons (oct 2020) (22 U.s.c. Chapter 78 And E.o. 13627).
__ (ii) Alternate I (mar 2015) Of 52.222-50 (22 U.s.c. Chapter 78 And E.o. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (oct 2015). (executive Order 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.)
__ (37)
(i) 52.223-9, Estimate Of Percentage Of Recovered Material Content For Epa–designated Items (may 2008) ( 42 U.s.c. 6962(c)(3)(a)(ii)). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items.)
__ (ii) Alternate I (may 2008) Of 52.223-9 (42 U.s.c. 6962(i)(2)(c)). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items.)
__ (38) 52.223-11, Ozone-depleting Substances And High Global Warming Potential Hydrofluorocarbons (jun 2016) (e.o. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, Or Disposal Of Refrigeration Equipment And Air Conditioners (jun 2016) (e.o. 13693).
__ (40)
rfq No. N00173-24-q-tg04
(i) 52.223-13, Acquisition Of Epeat®-registered Imaging Equipment (jun 2014) (e.o.s 13423 And 13514).
__ (ii) Alternate I (oct 2015) Of 52.223-13.
__ (41)
(i) 52.223-14, Acquisition Of Epeat®-registered Televisions (jun 2014) (e.o.s 13423 And 13514).
__ (ii) Alternate I (jun2014) Of 52.223-14.
_x_ (42) 52.223-15, Energy Efficiency In Energy-consuming Products (may 2020) (42 U.s.c. 8259b).
__ (43)
(i) 52.223-16, Acquisition Of Epeat®-registered Personal Computer Products (oct 2015) (e.o.s 13423 And 13514).
__ (ii) Alternate I (jun 2014) Of 52.223-16.
_x_ (44) 52.223-18, Encouraging Contractor Policies To Ban Text Messaging While Driving (jun 2020) (e.o. 13513).
__ (45) 52.223-20, Aerosols (jun 2016) (e.o. 13693).
__ (46) 52.223-21, Foams (jun2016) (e.o. 13693).
__ (47)
(i) 52.224-3 Privacy Training (jan 2017) (5 U.s.c. 552 A).
__ (ii) Alternate I (jan 2017) Of 52.224-3.
__ (48) 52.225-1, Buy American-supplies (jan2021) (41 U.s.c. Chapter 83).
__ (49)
(i) 52.225-3, Buy American-free Trade Agreements-israeli Trade Act (jan 2021)(41 U.s.c.chapter83, 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.
__ (ii) Alternate I (jan 2021) Of 52.225-3.
__ (iii) Alternate Ii (jan 2021) Of 52.225-3.
__ (iv) Alternate Iii (jan 2021) Of 52.225-3.
__ (50) 52.225-5, Trade Agreements (oct 2019) (19 U.s.c. 2501, Et Seq., 19 U.s.c. 3301 Note).
_x_ (51) 52.225-13, Restrictions On Certain Foreign Purchases (feb 2021) (e.o.’s, Proclamations, And Statutes Administered By The Office Of Foreign Assets Control Of The Department Of The Treasury).
rfq No. N00173-24-q-tg04
__ (52) 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. 2302note).
__ (53) 52.226-4, Notice Of Disaster Or Emergency Area Set-aside (nov2007) (42 U.s.c. 5150).
__ (54) 52.226-5, Restrictions On Subcontracting Outside Disaster Or Emergency Area (nov2007) (42 U.s.c. 5150).
__ (55) 52.229-12, Tax On Certain Foreign Procurements (feb 2021) .
__ (56) 52.232-29, Terms For Financing Of Purchases Of Commercial Items (feb 2002) (41 U.s.c. 4505, 10 U.s.c. 2307(f)).
__ (57) 52.232-30, Installment Payments For Commercial Items (jan 2017) (41 U.s.c. 4505, 10 U.s.c. 2307(f)).
_x_ (58) 52.232-33, Payment By Electronic Funds Transfer-system For Award Management (oct2018) (31 U.s.c. 3332).
__ (59) 52.232-34, Payment By Electronic Funds Transfer-other Than System For Award Management (jul 2013) (31 U.s.c. 3332).
__ (60) 52.232-36, Payment By Third Party (may 2014) (31 U.s.c. 3332).
__ (61) 52.239-1, Privacy Or Security Safeguards (aug 1996) (5 U.s.c. 552a).
__ (62) 52.242-5, Payments To Small Business Subcontractors (jan 2017) (15 U.s.c. 637(d)(13)).
__ (63)
(i) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (feb 2006) ( 46 U.s.c. 55305 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:
[contracting Officer Check As Appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (aug 2018) (41 U.s.c. Chapter67).
_ _ (2) 52.222-42, Statement Of Equivalent Rates For Federal Hires (may 2014) (29 U.s.c. 206 And 41 U.s.c. Chapter 67).
__ (3) 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).
rfq No. N00173-24-q-tg04
_ _ (4) 52.222-44, Fair Labor Standards Act And Service Contract Labor Standards-price Adjustment (may 2014) ( 29u.s.c.206 And 41 U.s.c. Chapter 67).
__ (5) 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).
__ (6) 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).
__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (nov 2020).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (jan 2017) (e.o. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) (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, As Defined In Far 2.101, On The Date Of Award Of This Contract, 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 (jun 2020) (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).
rfq No. N00173-24-q-tg04
(iv) 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (aug 2020) (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 The Applicable Threshold Specified In Far 19.702(a) On The Date Of Subcontract Award, The Subcontractor Must Include 52.219-8 In Lower Tier Subcontracts That Offer Subcontracting Opportunities.
(vi) 52.222-21, Prohibition Of Segregated Facilities (apr 2015).
(vii) 52.222-26, Equal Opportunity (sep 2015) (e.o.11246).
(viii) 52.222-35, Equal Opportunity For Veterans (jun 2020) (38 U.s.c. 4212).
(ix) 52.222-36, Equal Opportunity For Workers With Disabilities (jun 2020) (29 U.s.c. 793).
(x) 52.222-37, Employment Reports On Veterans (jun 2020) (38 U.s.c. 4212).
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (aug 2018) (41 U.s.c. Chapter 67).
(xiii)
(a) 52.222-50, Combating Trafficking In Persons (oct 2020) (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 And E.o. 13627).
(xiv) 52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment-requirements (may2014) (41 U.s.c. Chapter 67).
(xv) 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).
(xvi) 52.222-54, Employment Eligibility Verification (oct 2015) (e.o. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (nov 2020).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (jan 2017) (e.o. 13706).
(xix)
(a) 52.224-3, Privacy Training (jan 2017) (5 U.s.c. 552a).
(b) Alternate I (jan 2017) Of 52.224-3.
(xx) 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).
rfq No. N00173-24-q-tg04
(xxi) 52.226-6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) (42 U.s.c. 1792). Flow Down Required In Accordance With Paragraph (e) Of Far Clause 52.226-6.
(xxii) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (feb 2006) ( 46 U.s.c. 55305 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)
additional Far And Dfars Provisions, Incorporated By Reference, That Apply To This Solicitation:
far 52.252-1 Solicitation Provisions Incorporated By Reference (feb 1998)
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):
federal Acquisition Regulation (far): Https://www.acquisition.gov/browse/index/far
defense Federal Acquisition Regulation Supplement (dfars) And Procedures, Guidance, And Information (pgi): Https://www.acq.osd.mil/dpap/dars/dfarspgi/current/
department Of The Navy Acquisition Regulations (nmcars): Https://www.secnav.navy.mil/rda/pages/nmcars.aspx
regulation
title
date
far 52.204-7
system For Award Management
oct 2018
far 52.204-16
commercial And Government Entity Code Reporting
aug 2020
far 52.204-22
alternative Line Item Proposal
jan 2017
far 52.209-7
information Regarding Responsibility Matters
oct 2018
far 52.212-1
instructions To Offerors-commercial Items
nov 2021
far 52.225-18
place Of Manufacture
aug 2018
far 52.225-25
prohibition On Contracting With Entities Engaging In Certain Activities Or Transactions Relating To Iran—representation And Certifications
jun 2020
rfq No. N00173-24-q-tg04
dfars 252.204-7016
covered Defense Telecommunications Equipment Or Services—representation
dec 2019
dfars 252.204-7017
prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services—representation
may 2021
dfars 252.213-7000
notice To Prospective Suppliers On Use Of Supplier Performance Risk System In Past Performance Evaluations
sep 2019
dfars 252.225-7974
representation Regarding Business Operations With The Maduro Regime. (deviation 2020-o0005)
feb 2020
additional Far And Dfars Provisions, Incorporated By Full Text, That Apply To This Solicitation
far 52.204-24 Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment (nov 2021)
the Offeror Shall Not Complete The Representation At Paragraph (d)(1) Of This Provision If The Offeror Has Represented That It "does Not Provide Covered Telecommunications Equipment Or Services As A Part Of Its Offered Products Or Services To The Government In The Performance Of Any Contract, Subcontract, Or Other Contractual Instrument" In Paragraph (c)(1) In The Provision At 52.204-26, Covered Telecommunications Equipment Or Services—representation, Or In Paragraph (v)(2)(i) Of The Provision At 52.212-3, Offeror Representations And Certifications-commercial Products Or Commercial Services. The Offeror Shall Not Complete The Representation In Paragraph (d)(2) Of This Provision If The Offeror Has Represented That It "does Not Use Covered Telecommunications Equipment Or Services, Or Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services" In Paragraph (c)(2) Of The Provision At 52.204-26, Or In Paragraph (v)(2)(ii) Of The Provision At 52.212-3.
(a) Definitions. As Used In This Provision—
backhaul, Covered Telecommunications Equipment Or Services, Critical Technology, Interconnection Arrangements, Reasonable Inquiry, Roaming, And Substantial Or Essential Component Have The Meanings Provided In The Clause 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(a) Of The John S. Mccain National Defense Authorization Act For Fiscal Year 2019 (pub. L. 115-232) Prohibits The Head Of An Executive Agency On Or After August 13, 2019, From Procuring Or Obtaining, Or Extending Or Renewing A Contract To Procure Or Obtain, Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services As A Substantial Or Essential Component Of Any System, Or As Critical Technology As Part Of Any System. Nothing In The Prohibition Shall Be Construed To—
(i) Prohibit The Head Of An Executive Agency From Procuring With An Entity To Provide A Service That Connects To The Facilities Of A Third-party, Such As Backhaul, Roaming, Or Interconnection Arrangements; Or
(ii) Cover Telecommunications Equipment That Cannot Route Or Redirect User Data Traffic Or Cannot Permit Visibility Into Any User Data Or Packets That Such Equipment Transmits Or Otherwise Handles.
(2) Section 889(a)(1)(b) Of The John S. Mccain National Defense Authorization Act For Fiscal Year 2019 (pub. L. 115-232) Prohibits The Head Of An Executive Agency On Or After August 13, 2020, From Entering Into A
rfq No. N00173-24-q-tg04
contract Or Extending Or Renewing A Contract With An Entity That Uses Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services As A Substantial Or Essential Component Of Any System, Or As Critical Technology As Part Of Any System. This Prohibition Applies To The Use Of Covered Telecommunications Equipment Or Services, Regardless Of Whether That Use Is In Performance Of Work Under A Federal Contract. Nothing In The Prohibition Shall Be Construed To—
(i) Prohibit The Head Of An Executive Agency From Procuring With An Entity To Provide A Service That Connects To The Facilities Of A Third-party, Such As Backhaul, Roaming, Or Interconnection Arrangements; Or
(ii) Cover Telecommunications Equipment That Cannot Route Or Redirect User Data Traffic Or Cannot Permit Visibility Into Any User Data Or Packets That Such Equipment Transmits Or Otherwise Handles.
(c) Procedures. The Offeror Shall Review The List Of Excluded Parties In The System For Award Management (sam) ( Https://www.sam.gov) For Entities Excluded From Receiving Federal Awards For "covered Telecommunications Equipment Or Services".
(d) Representation. The Offeror Represents That—
(1) It □ Will, □ Will Not Provide Covered Telecommunications Equipment Or Services To The Government In The Performance Of Any Contract, Subcontract Or Other Contractual Instrument Resulting From This Solicitation. The Offeror Shall Provide The Additional Disclosure Information Required At Paragraph (e)(1) Of This Section If The Offeror Responds "will" In Paragraph (d)(1) Of This Section; And
(2) After Conducting A Reasonable Inquiry, For Purposes Of This Representation, The Offeror Represents That—
it □ Does, □ Does Not Use Covered Telecommunications Equipment Or Services, Or Use Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services. The Offeror Shall Provide The Additional Disclosure Information Required At Paragraph (e)(2) Of This Section If The Offeror Responds "does" In Paragraph (d)(2) Of This Section.
(e) Disclosures.
(1) Disclosure For The Representation In Paragraph (d)(1) Of This Provision. If The Offeror Has Responded "will" In The Representation In Paragraph (d)(1) Of This Provision, The Offeror Shall Provide The Following Information As Part Of The Offer:
(i) For Covered Equipment—
(a) The Entity That Produced The Covered Telecommunications Equipment (include Entity Name, Unique Entity Identifier, Cage Code, And Whether The Entity Was The Original Equipment Manufacturer (oem) Or A Distributor, If Known);
(b) A Description Of All Covered Telecommunications Equipment Offered (include Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); And
(c) Explanation Of The Proposed Use Of Covered Telecommunications Equipment And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(1) Of This Provision.
(ii) For Covered Services—
rfq No. N00173-24-q-tg04
(a) If The Service Is Related To Item Maintenance: A Description Of All Covered Telecommunications Services Offered (include On The Item Being Maintained: Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); Or
(b) If Not Associated With Maintenance, The Product Service Code (psc) Of The Service Being Provided; And Explanation Of The Proposed Use Of Covered Telecommunications Services And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(1) Of This Provision.
(2) Disclosure For The Representation In Paragraph (d)(2) Of This Provision. If The Offeror Has Responded "does" In The Representation In Paragraph (d)(2) Of This Provision, The Offeror Shall Provide The Following Information As Part Of The Offer:
(i) For Covered Equipment—
(a) The Entity That Produced The Covered Telecommunications Equipment (include Entity Name, Unique Entity Identifier, Cage Code, And Whether The Entity Was The Oem Or A Distributor, If Known);
(b) A Description Of All Covered Telecommunications Equipment Offered (include Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); And
(c) Explanation Of The Proposed Use Of Covered Telecommunications Equipment And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(2) Of This Provision.
(ii) For Covered Services—
(a) If The Service Is Related To Item Maintenance: A Description Of All Covered Telecommunications Services Offered (include On The Item Being Maintained: Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); Or
(b) If Not Associated With Maintenance, The Psc Of The Service Being Provided; And Explanation Of The Proposed Use Of Covered Telecommunications Services And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(2) Of This Provision.
(end Of Provision)
far 52.233-2 Service Of Protest (sep 2006)
(a) Protests, As Defined In Section 33.101 Of The Federal Acquisition Regulation, That Are Filed Directly With An Agency, And Copies Of Any Protests That Are Filed With The Government Accountability Office (gao), Shall Be Served On The Contracting Officer (addressed As Follows) By Obtaining Written And Dated Acknowledgment Of Receipt From Code 1300: Nrlcontracts@nrl.navy.mil And Code 1340 Branch Head: Brenda.green@nrl.navy.mil At Naval Research Laboratory, Washington Dc.
(b) The Copy Of Any Protest Shall Be Received In The Office Designated Above Within One Day Of Filing A Protest With The Gao.
(end Of Provision)
dfars 252.215-7008 Only One Offer (jul 2019)
rfq No. N00173-24-q-tg04
(a) Cost Or Pricing Data Requirements. After Initial Submission Of Offers, If The Contracting Officer Notifies The Offeror That Only One Offer Was Received, The Offeror Agrees To—
(1) Submit Any Additional Cost Or Pricing Data That Is Required In Order To Determine Whether The Price Is Fair And Reasonable Or To Comply With The Statutory Requirement For Certified Cost Or Pricing Data (10 U.s.c. 2306a And Far 15.403-3); And
(2) Except As Provided In Paragraph (b) Of This Provision, If The Acquisition Exceeds The Certified Cost Or Pricing Data Threshold And An Exception To The Requirement For Certified Cost Or Pricing Data At Far 15.403-1(b)(2) Through (5) Does Not Apply, Certify All Cost Or Pricing Data In Accordance With Paragraph (c) Of Dfars Provision 252.215-7010, Requirements For Certified Cost Or Pricing Data And Data Other Than Certified Cost Or Pricing Data, Of This Solicitation.
(b) Canadian Commercial Corporation. If The Offeror Is The Canadian Commercial Corporation, Certified Cost Or Pricing Data Are Not Required. If The Contracting Officer Notifies The Canadian Commercial Corporation That Additional Data Other Than Certified Cost Or Pricing Data Are Required In Accordance With Dfars 225.870-4(c), The Canadian Commercial Corporation Shall Obtain And Provide The Following:
(1) Profit Rate Or Fee (as Applicable).
(2) Analysis Provided By Public Works And Government Services Canada To The Canadian Commercial Corporation To Determine A Fair And Reasonable Price (comparable To The Analysis Required At Far 15.404-1).
(3) Data Other Than Certified Cost Or Pricing Data Necessary To Permit A Determination By The U.s. Contracting Officer That The Proposed Price Is Fair And Reasonable.
data Required May Include But Limited To Current Catalog Pricing Information For The System Offered And Current Sale Information Providing Details On The Lowest Prices Recently Paid By Other Customers For The Same Or Similar System.
(4) As Specified In Far 15.403-3(a)(4), An Offeror Who Does Not Comply With A Requirement To Submit Data That The U.s. Contracting Officer Has Deemed Necessary To Determine Price Reasonableness Or Cost Realism Is Ineligible For Award Unless The Head Of The Contracting Activity Determines That It Is In The Best Interest Of The Government To Make The Award To That Offeror.
(c) Subcontracts. Unless The Offeror Is The Canadian Commercial Corporation, The Offeror Shall Insert The Substance Of This Provision, Including This Paragraph (c), In All Subcontracts Exceeding The Simplified Acquisition Threshold Defined In Far Part 2.
(end Of Provision)
far And Dfars Clauses, Incorporated By Reference That Apply To This Acquisition
regulation
title
date
far 52.203-3
gratuities
apr 1984
far 52.203-12
limitation On Payments To Influence Certain Federal Transactions
jun 2020
far 52.204-4
printed Or Copied Double-sided On Postconsumer Fiber Content Paper
may 2011
rfq No. N00173-24-q-tg04
far 52.204-13
system For Award Management Maintenance
oct 2018
far 52.204-18
commercial And Government Entity Code Maintenance
aug 2020
far 52.204-19
incorporation By Reference Of Representations And Certifications
dec 2014
far 52.204-25
prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment
nov 2021
far 52.204-26
covered Telecommunications Equipment Or Services-representation
oct 2020
far 52.211-15
defense Priority And Allocation Requirements
apr 2008
far 52.212-4
contract Terms And Conditions-commercial Items
nov 2021
far 52.232-40
providing Accelerated Payments To Small Business Subcontractors
nov 2021
far 52.247-34
f.o.b. Destination
nov 1991
dfars 252.203-7000
requirements Relating To Compensation Of Former Dod Officials
sep 2011
dfars 252.203-7002
requirement To Inform Employees Of Whistleblower Rights
sep 2013
dfars 252.204-7003
control Of Government Personnel Work Product
feb 2019
dfars 252.204-7015
notice Of Authorized Disclosure Of Information For Litigation Support
may 2016
dfars 252.204-7018
prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services
jan 2021
dfars 252.211-7003
item Unique Identification And Valuation
mar 2022
dfars 252.211-7008
use Of Government-assigned Serial Numbers
sep 2010
dfars 252.223-7008
prohibition Of Hexavalent Chromium
jun 2013
dfars 252.225-7008
restriction On Acquisition Of Specialty Metals
mar 2013
dfars 252.225-7009
restriction On Acquisition Of Certain Articles Containing Specialty Metals
dec 2019
rfq No. N00173-24-q-tg04
dfars 252.225-7012
preference For Certain Domestic Commodities
mar 2022
dfars 252.225-7021
trade Agreements -- Basic
mar 2022
dfars 252.225-7048
export-controlled Items
jun 2013
dfars 252.225-7972 (dev)
prohibition On The Procurement Of Foreign-made Unmanned Aircraft Systems (deviation 2020-o0015)
may 2020
dfars 252.227-7015
technical Data–commercial Items
feb 2014
dfars 252.227-7037
validation Of Restrictive Markings On Technical Data
sep 2016
dfars 252.232-7003
electronic Submission Of Payment Requests And Receiving Reports
dec 2018
dfars 252.232-7010
levies On Contract Payments
dec 2006
dfars 252.232-7017
accelerating Payments To Small Business Subcontractors—prohibition On Fees And Consideration
apr 2020
dfars 252.243-7002
requests For Equitable Adjustment
dec 2012
dfars 252.244-7000
subcontracts For Commercial Items
jan 2021
dfars 252.246-7008
sources Of Electronic Parts
may 2018
additional Far And Dfars Clauses, Incorporated By Full Text That Apply To This Acquisition
52.222-19 Child Labor-cooperation With Authorities And Remedies (jan 2022)
(a) Applicability. This Clause Does Not Apply To The Extent That The Contractor Is Supplying End Products Mined, Produced, Or Manufactured In-
(1) Canada, And The Anticipated Value Of The Acquisition Is $25,000 Or More;
(2) Israel, And The Anticipated Value Of The Acquisition Is $50,000 Or More;
(3) Mexico, And The Anticipated Value Of The Acquisition Is $92,319 Or More; Or
(4) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia,
rfq No. N00173-24-q-tg04
liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, Or The United Kingdom And The Anticipated Value Of The Acquisition Is $183,000 Or More.
(b) Cooperation With Authorities. To Enforce The Laws Prohibiting The Manufacture Or Importation Of Products Mined, Produced, Or Manufactured By Forced Or Indentured Child Labor, Authorized Officials May Need To Conduct Investigations To Determine Whether Forced Or Indentured Child Labor Was Used To Mine, Produce, Or Manufacture Any Product Furnished Under This Contract. If The Solicitation Includes The Provision 52.222-18, Certification Regarding Knowledge Of Child Labor For Listed End Products, Or The Equivalent At 52.212-3(i), The Contractor Agrees To Cooperate Fully With Authorized Officials Of The Contracting Agency, The Department Of The Treasury, Or The Department Of Justice By Providing Reasonable Access To Records, Documents, Persons, Or Premises Upon Reasonable Request By The Authorized Officials.
(c) Violations. The Government May Impose Remedies Set Forth In Paragraph (d) For The Following Violations:
(1) The Contractor Has Submitted A False Certification Regarding Knowledge Of The Use Of Forced Or Indentured Child Labor For Listed End Products.
(2) The Contractor Has Failed To Cooperate, If Required, In Accordance With Paragraph (b) Of This Clause, With An Investigation Of The Use Of Forced Or Indentured Child Labor By An Inspector General, Attorney General, Or The Secretary Of The Treasury.
(3) The Contractor Uses Forced Or Indentured Child Labor In Its Mining, Production, Or Manufacturing Processes.
(4) The Contractor Has Furnished Under The Contract End Products Or Components That Have Been Mined, Produced, Or Manufactured Wholly Or In Part By Forced Or Indentured Child Labor. (the Government Will Not Pursue Remedies At Paragraph (d)(2) Or Paragraph (d)(3) Of This Clause Unless Sufficient Evidence Indicates That The Contractor Knew Of The Violation.)
(d) Remedies. (1) The Contracting Officer May Terminate The Contract.
(2) The Suspending Official May Suspend The Contractor In Accordance With Procedures In Far Subpart 9.4.
(3) The Debarring Official May Debar The Contractor For A Period Not To Exceed 3 Years In Accordance With The Procedures In Far Subpart 9.4.
(end Of Clause)
52.252-2 Clauses Incorporated By Reference (feb 1998)
this Contract Incorporates One Or More Clauses 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. Also, The Full Text Of A Clause May Be Accessed Electronically At This/these Address(es):
https://www.acquisition.gov/browse/index/far
https://www.acq.osd.mil/dpap/dars/dfarspgi/current/
(end Of Clause)
52.252-6 Authorized Deviations In Clauses (nov 2020)
(a) The Use In This Solicitation Or Contract Of Any Federal Acquisition Regulation (48 Cfr Chapter 1) Clause With An Authorized Deviation Is Indicated By The Addition Of "(deviation)" After The Date Of The Clause.
rfq No. N00173-24-q-tg04
(b) The Use In This Solicitation Or Contract Of Any Defense Federal Acquisition Regulation Supplement (dfars) (48 Cfr Chapter 2) Clause With An Authorized Deviation Is Indicated By The Addition Of "(deviation)" After The Name Of The Regulation.
(end Of Clause)
dfars 252.232-7006 - Wide Area Workflow Payment Instructions (dec 2018)
(a) Definitions. As Used In This Clause—
“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.
“payment Request” And “receiving Report” Are Defined In The Clause At 252.232-7003, Electronic Submission Of Payment Requests And Receiving Reports.
(b) Electronic Invoicing. The Wawf System Provides The Method To Electronically Process Vendor Payment Requests And Receiving Reports, As Authorized By Defense Federal Acquisition Regulation Supplement (dfars) 252.232-7003, Electronic Submission Of Payment Requests And Receiving Reports.
(c) Wawf Access. To Access Wawf, The Contractor Shall—
(1) Have A Designated Electronic Business Point Of Contact In The System For Award Management At Https://www.sam.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 Shall Use The Following Information When Submitting Payment Requests And Receiving Reports In Wawf For This Contract Or Task Or Delivery Order:
(1) Document Type. The Contractor Shall Submit Payment Requests Using The Following Document Type(s):
(i) For Cost-type Line Items, Including Labor-hour Or Time-and-materials, Submit A Cost Voucher.
(ii) For Fixed Price Line Items—
(a) That Require Shipment Of A Deliverable, Submit The Invoice And Receiving Report Specified By The Contracting Officer.
rfq No. N00173-24-q-tg04
invoice And Receiving Report (combo)
(b) For Services That Do Not Require Shipment Of A Deliverable, Submit Either The Invoice 2in1, Which Meets The Requirements For The Invoice And Receiving Report, Or The Applicable Invoice And Receiving Report, As Specified By The Contracting Officer.
invoice And Receiving Report (combo)
(iii) For Customary Progress Payments Based On Costs Incurred, Submit A Progress Payment Request.
(iv) For Performance Based Payments, Submit A Performance Based Payment Request.
(v) For Commercial Item Financing, Submit A Commercial Item Financing Request.
(2) Fast Pay Requests Are Only Permitted When Federal Acquisition Regulation (far) 52.213-1 Is Included In The Contract.
[note: The Contractor May Use A Wawf “combo” Document Type To Create Some Combinations Of Invoice And Receiving Report In One Step.]
(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
to Be Filled In At Award
issue By Dodaac
n00173
admin Dodaac**
n00173
inspect By Dodaac
n00173
ship To Code
n00173
ship From Code
n/a
mark For Code
n/a
service Approver (dodaac)
n/a
service Acceptor (dodaac)
n/a
accept At Other Dodaac
n/a
lpo Dodaac
n00173
dcaa Auditor Dodaac
n/a
other Dodaac(s)
n/a
(4) Payment Request. The Contractor Shall Ensure A Payment Request Includes Documentation Appropriate To The Type Of Payment Request In Accordance With The Payment Clause, Contract Financing Clause, Or Federal Acquisition Regulation 52.216-7, Allowable Cost And Payment, As Applicable.
(5) Receiving Report. The Contractor Shall Ensure A Receiving Report Meets The Requirements Of Dfars Appendix F.
rfq No. N00173-24-q-tg04
(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.
-- To Be Provided At Award –
(2) Contact The Wawf Helpdesk At 866-618-5988, If Assistance Is Needed.
exhibit/attachments
attachment 1. Technical Specifications
Closing Date16 Sep 2024
Tender AmountRefer Documents
7051-7060 of 7052 archived Tenders