Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 01, 2016 FBO #5396
MODIFICATION

66 -- FT-IR Spectrometer

Notice Date

8/30/2016
 

Notice Type

Modification/Amendment
 

NAICS

334516 — Analytical Laboratory Instrument Manufacturing
 

Contracting Office

Department of the Air Force, Direct Reporting Units, USAF Academy - 10 CONS, 8110 Industrial Drive, Suite 200, USAF Academy, Colorado, 80840-2315, United States
 

ZIP Code

80840-2315
 

Solicitation Number

FA7000-16-T-0150
 

Archive Date

9/21/2016
 

Point of Contact

Shaun M. Bright, Phone: 719-333-3600, Diana Myles-South, Phone: 719-333-8650
 

E-Mail Address

shaun.bright@us.af.mil, Diana.South@us.af.mil
(shaun.bright@us.af.mil, Diana.South@us.af.mil)
 

Small Business Set-Aside

N/A
 

Description

Combined Synopsis/Solicitation IAW FAR 12.603 This combined synopsis/solicitation is for a commercial item prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as solicitation number FA7000-16-T-0150, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-89, effective 15 Aug 2016. The North American Industry Classification System Code [NAICS] is 334516 and the business size standard of 1,000 employees. The acquisition is unrestricted. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, USAF Academy (USAFA). The government bares no legal liability for bid cost associated with this request for quote. Vendors should not submit a quote unless they are willing to absorb all cost associated with submitting a quote. Quotes submitted with used, reconditioned, refurbished, gray market, or liquidated stock will not be considered for award. Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government will award a contract on an “all or none” basis, multiple awards shall not be contemplated. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. Please read and comply with all requirements for submitting a quote under the solicitation instructions and the addenda to FAR 52.212-1. Failure to comply with all instructions contained within this synopsis/solicitation could result in the quote being ineligible for award. It is the offeror’s responsibility to ensure their quote meets all the requirements identified herein. It is the USAF Academy’s preference/intent is to acquire only domestic end products per the Buy American Act, except as provided in FAR 25.103. Foreign offers will be evaluated per DFARS 225.502 when comparing domestic and foreign offers. This requirement is for commercial off-the-shelf items, therefore; the manufacturing country of origin will determine if the offer is foreign or domestic. I. DESCRIPTION OF ITEM The USAF Academy has a Brand Name or Equal requirement to purchase a Thermo Electron Nicolet iS5 FT-IR Spectrometers or Equal Products. Quotes must be submitted in accordance with the bid schedule listed below. LINE ITEM 0001 Quantity Unit Price Extended Price Nicolet is5 FT-IR Spectrometer 2 Each $_________ $__________ Or Equal Product better than or equal to the following characteristics: · Must be portable and have a small footprint less than 1.5' x 1' · Must have a diamond ATR attachment/module · The primary unit must not weigh more than 23 lbs · Must have a spectral resolution better than 0.8cm-1 · Must have a spectral range between 375 to 7500 cm-1 · Must have a mid-infrared MBr/Ge beamsplitter · Must be able to accept multiple attachments/modules · ATR must have a diamond crystal capable of analyzing liquids and solids · Must include a computer and monitor · Must be a new system (refurbished, gray market, or used items will not be considered) · Must include full, standard version of software · Must include installation · Must include minimum one year warranty II. SOLICITATION INSTRUCTIONS Offerors must comply with all instructions contained in the addenda to FAR 52.212-1, Instructions to Offerors--Commercial Items (listed below). The quoter shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number of the offeror, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, size of business, and warranty information. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Descriptive literature and technical specifications must contain adequate information to judge if products meet or exceed the characteristics supplied in the solicitation and address each salient characteristic listed. FAR 52.212-1, Instructions to Offerors -- Commercial Items (Oct 2015), incorporated by reference Addenda to FAR 52.212-1, Instructions to Offerors -- Commercial Items (Oct 2015): 1. This Solicitation is being issued in accordance with (IAW) FAR Parts 12 and 13 as a Request for Quote. IAW FAR 13.004, in all instances throughout this solicitation any use of the word "proposal" should be understood as "quote". All instances of the word "offeror" should be understood as "quoter". All instances of the word "award" should be understood as "order". Quotes supplied in response to this solicitation are not binding. Award of this requirement will be offered to the Quoter IAW FAR 52.212-2. 2. Late submissions: a. Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due. b. Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition c. If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. 3. Addendum to FAR 52.212-1(b), Submission of Quotes: Submit signed and dated quote via e-mail or fax to 10th Contracting Squadron, 10 CONS/LGCB, Attn: Shaun Bright, Contract Specialist, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Email address is shaun.bright@us.af.mil. Fax number is (719) 333-6088. In his absence, please contact Diana Myles-South, Contracting Officer at 719-333-8650 at email address diana.south@us.af.mil. Quotes must be submitted by 6 September 2016, 9:00 a.m. Mountain Daylight Time (MDT). 4. Addendum to FAR 52.212-1(e), Multiple quotes is amended as follows: Multiple quotes will not be accepted. 5. Addendum to FAR 52.212-1(h), Multiple awards is amended as follows: “The Government will award a contract on an “all or none” basis, multiple awards shall not be contemplated.” 6. Formal communications. Requests for clarification and information concerning the solicitation must be provided in writing no later than 5 days prior to closing. Answers will be compiled and posted electronically to the Federal Business Opportunities website: https://www.fbo.gov. Questions may be faxed or emailed to the point of contact listed in paragraph 3. All correspondence should reference the solicitation number. 7. Quotation preparation instructions: a. General Instructions: To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts; Part I - Price, Part II- Technical Information – Descriptive/Specification Literature, and Part III - Contract Documentation (Representation and Certification). b. PART I – PRICE QUOTATION - Submit the price quote in accordance with the contract line item (CLIN) structure as listed in this solicitation. c. PART II – TECHNICAL/DESCRIPTIVE LITERATURE – Quoters must submit technical information (Descriptive literature/specifications) that adequately demonstrates their quote meets the salient characteristics requirement in contract line item (CLIN) 0001 of this solicitation. A general statement of compliance or restatement of the salient characteristics is insufficient. Ensure the descriptive literature addresses each salient characteristic listed. The Contracting Officer is not responsible for locating or obtaining any information not identified in the quote and literature. If a vendor cannot comply with every requirement the quote will not be considered. d. PART III – CONTRACT DOCUMENTATION (Representation and Certification). (1) Either complete Representation and Certification in the System of Award Management (SAM) at https://www.sam.gov or the necessary fill-ins and certification in the provision at FAR 52.212-3 (Jul 2016), Alt I (Oct 2014). This provision was updated in July 2016; if the offeror completed the provision on SAM prior to this date, it is advised that the offeror complete a hard copy of the provision and include it with the quote. (2) Contractors must be registered with SAM (www.sam.gov) to conduct business with the Department of Defense. A purchase order cannot be awarded to a company without this registration. (3) The provision at DFARS 252.225-7000, Buy American Act-Balance of Payments program Certificate, must be completed and returned with the quote. This provision is included within this solicitation. (4) Price quotes must be Firm-Fixed Price. Quotes that are FOB: Destination need to include shipping and handling charges with the unit price (i.e., single line item price without shipping listed as a separate cost). Quotes received with FOB: Origin need to provide the estimated shipping charges with their quote as a separate line item. Deliveries sent F.O.B Origin must be coordinated through the USAF Academy transportation office 3-5 business days prior to shipment. The USAFA Transportation Office will coordinate the use of the lowest cost common carrier to deliver goods. Delivery is required no later than 6 weeks after receipt of order (ARO). (5) Provide a written statement that the offeror's proposal incorporates all amendments to the solicitation (if applicable). FAR 52.212-2 Evaluation - Commercial Items (Oct 2014) a. The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: I. Meeting or exceeding salient characteristics on a Pass/Fail basis in accordance with FAR 52.211-6, Brand Name or Equal. II. Price Addendum to FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014) BASIS FOR CONTRACT AWARD: This is a competitive acquisition in accordance with FAR Parts 12 and 13. The evaluation process will proceed as follows: 1. Price Evaluation. Initially, vendors quotes shall be ranked according to price. The proposed prices will be determined by multiplying the quantity by the contractor’s proposed unit price to confirm the extended amount for each contract line item (CLIN). The price evaluation will document the reasonableness and affordability of the proposed total evaluated price. The price of the IUID will not be included in the TEP. 2. Technical Evaluation. Award will be made to the quote with the lowest evaluated price that meets or exceeds the salient characteristics on pass/fail basis IAW FAR 52.211-6, Brand Name or Equal, of this requirement below: Brand name product or equal products that meet the minimum salient characteristics: · Must be portable and have a small footprint less than 1.5' x 1' · Must have a diamond ATR attachment/module · The primary unit must not weigh more than 23 lbs · Must have a spectral resolution better than 0.8cm-1 · Must have a spectral range between 375 to 7500 cm-1 · Must have a mid-infrared MBr/Ge beamsplitter · Must be able to accept multiple attachments/modules · ATR must have a diamond crystal capable of analyzing liquids and solids · Must include a computer and monitor · Must be a new system (refurbished, gray market, or used items will not be considered) · Must include full, standard version of software · Must include installation · Must include minimum one year warranty FAR 52.211-6 BRAND NAME OR EQUAL (AUG 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must— (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by— (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (July 2016), ALTERNATE I (Oct 2014) This provision is included at attachment #1 to this solicitation. If an offeror has not updated their Representations and Certifications in SAM ( www.sam.gov ) since 1 July 2016, the offeror must either update their information via SAM or complete a hard copy of the provision and include it with the quote. FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015), is incorporated by reference. Addenda to FAR 52.212-4 - Text in paragraph (c) is deleted and replaced with the following: (c) Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)). FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JUN 2016) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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 (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) _x_ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 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.) (xiii) 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) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) III. CONTRACT CLAUSES The following clauses are incorporated by reference: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) 52.212-4 C ontract Terms and Conditions—Commercial Items (May 2015) 52.219-28 Post-Award Small Business Program Representation (Jul 2013) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (Jan 2014) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Apr 2015) 52.222-36 Equal Opportunity for Workers w/Disabilities (Jul 2014) 52.222-50 Combat Trafficking in Persons (Mar 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-18 Availability of Funds (Apr 1984) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Jul 2013) 52.232-40 Providing Accelerated Payments to Small Business Contractors (Dec 2013) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (Dec 2015) 252.204-7015 Disclosure of Information to Litigation Support Contractors (May 2016) 252.225-7001 Buy American and Balance of Payments Program – Basic (Aug 2016) 252.225-7002 Qualifying Country Sources as Subcontractors (Aug 2016) 252.232-7003 Electronic Submission of Payment Requests and Receiving (Jun 2012) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.244-7000 Subcontracts for Commercial Items (Jun 2013) 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) (a) Definitions. As used in this clause— “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. “Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments. “Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). “Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). “Safeguarding” means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls: (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute. (iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system. (End of clause) FAR 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 address: http://farsite.hill.af.mil (End of clause) 252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRECERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003)(OCT 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act 2016 (Pub. L. 114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (End of clause) DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (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. (b) Electronic invoicing. The WAWFsystem is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall— (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). Vendor must use the “Stand Alone” Invoicing option only. The Government’s receipt and acceptance will not be accomplished through WAWF, therefore, the 2-in-1 invoicing or combo function must not be used. (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. Destination (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 F67100 Issue By DoDAAC FA7000 Admin DoDAAC FA7000 Inspect By DoDAAC FE7000 Ship To Code FE7000 (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system. diana.south@us.af.mil (Contracting Officer) shaun.bright@us.af.mil (Contract Specialist) (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. diana.south@us.af.mil (Contracting Officer) shaun.bright@us.af.mil (Contract Specialist) (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) 252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (AUG 2016) The following paragraphs (a) through (e) of this clause do not apply unless the Contractor is subject to the Cost Accounting Standards under 41 U.S.C. chapter 15, as implemented in regulations found at 48 CFR 9903.201-1. (a) Definitions. As used in this clause— “Authorized aftermarket manufacturer” means an organization that fabricates a part under a contract with, or with the express written authority of, the original component manufacturer based on the original component manufacturer’s designs, formulas, and/or specifications. “Authorized supplier” means a supplier, distributor, or an aftermarket manufacturer with a contractual arrangement with, or the express written authority of, the original manufacturer or current design activity to buy, stock, repackage, sell, or distribute the part. “Contract manufacturer” means a company that produces goods under contract for another company under the label or brand name of that company. “Contractor-approved supplier” means a supplier that does not have a contractual agreement with the original component manufacturer for a transaction, but has been identified as trustworthy by a contractor or subcontractor. “Counterfeit electronic part” means an unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics. “Electronic part” means an integrated circuit, a discrete electronic component (including, but not limited to, a transistor, capacitor, resistor, or diode), or a circuit assembly (section 818(f)(2) of Pub. L. 112-81). “Obsolete electronic part” means an electronic part that is no longer available from the original manufacturer or an authorized aftermarket manufacturer. "Original component manufacturer" means an organization that designs and/or engineers a part and is entitled to any intellectual property rights to that part. “Original equipment manufacturer” means a company that manufactures products that it has designed from purchased components and sells those products under the company's brand name. “Original manufacturer” means the original component manufacturer, the original equipment manufacturer, or the contract manufacturer. “Suspect counterfeit electronic part” means an electronic part for which credible evidence (including, but not limited to, visual inspection or testing) provides reasonable doubt that the electronic part is authentic. (b) Acceptable counterfeit electronic part detection and avoidance system. The Contractor shall establish and maintain an acceptable counterfeit electronic part detection and avoidance system. Failure to maintain an acceptable counterfeit electronic part detection and avoidance system, as defined in this clause, may result in disapproval of the purchasing system by the Contracting Officer and/or withholding of payments and affect the allowability of costs of counterfeit electronic parts or suspect counterfeit electronic parts and the cost of rework or corrective action that may be required to remedy the use or inclusion of such parts (see DFARS 231.205-71). (c) System criteria. A counterfeit electronic part detection and avoidance system shall include risk-based policies and procedures that address, at a minimum, the following areas: (1) The training of personnel. (2) The inspection and testing of electronic parts, including criteria for acceptance and rejection. Tests and inspections shall be performed in accordance with accepted Government- and industry-recognized techniques. Selection of tests and inspections shall be based on minimizing risk to the Government. Determination of risk shall be based on the assessed probability of receiving a counterfeit electronic part; the probability that the inspection or test selected will detect a counterfeit electronic part; and the potential negative consequences of a counterfeit electronic part being installed (e.g., human safety, mission success) where such consequences are made known to the Contractor. (3) Processes to abolish counterfeit parts proliferation. (4) Risk-based processes that enable tracking of electronic parts from the original manufacturer to product acceptance by the Government, whether the electronic parts are supplied as discrete electronic parts or are contained in assemblies, in accordance with paragraph (c) of the clause at 252.246-7008, Sources of Electronic Parts (also see paragraph (c)(2) of this clause). (5) Use of suppliers in accordance with the clause at 252.246-7008. (6) Reporting and quarantining of counterfeit electronic parts and suspect counterfeit electronic parts. Reporting is required to the Contracting Officer and to the Government-Industry Data Exchange Program (GIDEP) when the Contractor becomes aware of, or has reason to suspect that, any electronic part or end item, component, part, or assembly containing electronic parts purchased by the DoD, or purchased by a Contractor for delivery to, or on behalf of, the DoD, contains counterfeit electronic parts or suspect counterfeit electronic parts. Counterfeit electronic parts and suspect counterfeit electronic parts shall not be returned to the seller or otherwise returned to the supply chain until such time that the parts are determined to be authentic. (7) Methodologies to identify suspect counterfeit parts and to rapidly determine if a suspect counterfeit part is, in fact, counterfeit. (8) Design, operation, and maintenance of systems to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts. The Contractor may elect to use current Government- or industry-recognized standards to meet this requirement. (9) Flow down of counterfeit detection and avoidance requirements, including applicable system criteria provided herein, to subcontractors at all levels in the supply chain that are responsible for buying or selling electronic parts or assemblies containing electronic parts, or for performing authentication testing. (10) Process for keeping continually informed of current counterfeiting information and trends, including detection and avoidance techniques contained in appropriate industry standards, and using such information and techniques for continuously upgrading internal processes. (11) Process for screening GIDEP reports and other credible sources of counterfeiting information to avoid the purchase or use of counterfeit electronic parts. (12) Control of obsolete electronic parts in order to maximize the availability and use of authentic, originally designed, and qualified electronic parts throughout the product’s life cycle. (d) Government review and evaluation of the Contractor’s policies and procedures will be accomplished as part of the evaluation of the Contractor’s purchasing system in accordance with 252.244-7001, Contractor Purchasing System Administration--Basic, or Contractor Purchasing System Administration--Alternate I. (e) The Contractor shall include the substance of this clause, excluding the introductory text and including only paragraphs (a) through (e), in subcontracts, including subcontracts for commercial items, for electronic parts or assemblies containing electronic parts. (End of clause) 252.246-7008 SOURCES OF ELECTRONIC PARTS (AUG 2016) (a) Definitions. As used in this clause— “Authorized aftermarket manufacturer” means an organization that fabricates a part under a contract with, or with the express written authority of, the original component manufacturer based on the original component manufacturer’s designs, formulas, and/or specifications. “Authorized supplier” means a supplier, distributor, or an aftermarket manufacturer with a contractual arrangement with, or the express written authority of, the original manufacturer or current design activity to buy, stock, repackage, sell, or distribute the part. “Contract manufacturer” means a company that produces goods under contract for another company under the label or brand name of that company. “Contractor-approved supplier” means a supplier that does not have a contractual agreement with the original component manufacturer for a transaction, but has been identified as trustworthy by a contractor or subcontractor. “Electronic part” means an integrated circuit, a discrete electronic component (including, but not limited to, a transistor, capacitor, resistor, or diode), or a circuit assembly (section 818(f)(2) of Pub. L. 112-81). "Original component manufacturer" means an organization that designs and/or engineers a part and is entitled to any intellectual property rights to that part. “Original equipment manufacturer” means a company that manufactures products that it has designed from purchased components and sells those products under the company's brand name. “Original manufacturer” means the original component manufacturer, the original equipment manufacturer, or the contract manufacturer. (b) Selecting suppliers. In accordance with section 818(c)(3) of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112-81), as amended by section 817 of the National Defense Authorization Act for Fiscal Year 2015 (Pub. L. 113-291), the Contractor shall— (1) First obtain electronic parts that are in production by the original manufacturer or an authorized aftermarket manufacturer or currently available in stock from— (i) The original manufacturers of the parts; (ii) Their authorized suppliers; or (iii) Suppliers that obtain such parts exclusively from the original manufacturers of the parts or their authorized suppliers; (2) If electronic parts are not available as provided in paragraph (b)(1) of this clause, obtain electronic parts that are not in production by the original manufacturer or an authorized aftermarket manufacturer, and that are not currently available in stock from a source listed in paragraph (b)(1) of this clause, from suppliers identified by the Contractor as contractor-approved suppliers, provided that— (i) For identifying and approving such contractor-approved suppliers, the Contractor uses established counterfeit prevention industry standards and processes (including inspection, testing, and authentication), such as the DoD-adopted standards at https://assist.dla.mil; (ii) The Contractor assumes responsibility for the authenticity of parts provided by such contractor-approved suppliers; and (iii) The Contractor’s selection of such contractor-approved suppliers is subject to review and audit by the contracting officer; or (3)(i) Take the actions in paragraphs (b)(3)(ii) through (b)(3)(iv) of this clause if the Contractor— (A) Obtains an electronic part from— (1) A source other than any of the sources identified in paragraph (b)(1) or (b)(2) of this clause, due to nonavailability from such sources; or (2) A subcontractor (other than the original manufacturer) that refuses to accept flowdown of this clause; or (B) Cannot confirm that an electronic part is new or previously unused and that it has not been comingled in supplier new production or stock with used, refurbished, reclaimed, or returned parts. (ii) If the contractor obtains an electronic part or cannot confirm an electronic part pursuant to paragraph (b)(3)(i) of this clause— (A) Promptly notify the Contracting Officer in writing. If such notification is required for an electronic part to be used in a designated lot of assemblies to be acquired under a single contract, the Contractor may submit one notification for the lot, providing identification of the assemblies containing the parts (e.g., serial numbers); (B) Be responsible for inspection, testing, and authentication, in accordance with existing applicable industry standards; and (C) Make documentation of inspection, testing, and authentication of such electronic parts available to the Government upon request. (c) Traceability. If the Contractor is not the original manufacturer of, or authorized supplier for, an electronic part, the Contractor shall— (1) Have risk-based processes (taking into consideration the consequences of failure of an electronic part) that enable tracking of electronic parts from the original manufacturer to product acceptance by the Government, whether the electronic part is supplied as a discrete electronic part or is contained in an assembly; (2) If the Contractor cannot establish this traceability from the original manufacturer for a specific electronic part, be responsible for inspection, testing, and authentication, in accordance with existing applicable industry standards; and (3)(i) Maintain documentation of traceability (paragraph (c)(1) of this clause) or the inspection, testing, and authentication required when traceability cannot be established (paragraph (c)(2) of this clause) in accordance with FAR subpart 4.7; and (ii) Make such documentation available to the Government upon request. (d) Government sources. Contractors and subcontractors are still required to comply with the requirements of paragraphs (b) and (c) of this clause, as applicable, if— (1) Authorized to purchase electronic parts from the Federal Supply Schedule; (2) Purchasing electronic parts from suppliers accredited by the Defense Microelectronics Activity; or (3) Requisitioning electronic parts from Government inventory/stock under the authority of 252.251-7000, Ordering from Government Supply Sources. (i) The cost of any required inspection, testing, and authentication of such parts may be charged as a direct cost. (ii) The Government is responsible for the authenticity of the requisitioned parts. If any such part is subsequently found to be counterfeit or suspect counterfeit, the Government will— (A) Promptly replace such part at no charge; and (B) Consider an adjustment in the contract schedule to the extent that replacement of the counterfeit or suspect counterfeit electronic parts caused a delay in performance. (e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in subcontracts, including subcontracts for commercial items that are for electronic parts or assemblies containing electronic parts, unless the subcontractor is the original manufacturer. (End of clause) AFFARS 5352.201-9101 OMBUDSMAN (APR 2014) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the Center/MAJCOM/DRU or AFISRA ombudsmen, James Anderson 8110 Industrial Drive, Ste 103 USAFA, CO 80840 Telephone number 719-333-2074 FAX 719-333-9018 email: james.anderson@us.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) IV. SOLICITATION PROVISIONS 252.203-7996 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION 2016-O0003)(OCT 2015) (a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in section 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds appropriated (or otherwise made available) by this or any other Act may be used for a contract with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) 252.225-7000 BUY AMERICAN--BALANCE OF PAYMENTS PROGRAM CERTIFICATE--BASIC (NOV 2014) (a) Definitions. Commercially available off-the-shelf (COTS) item, component, domestic end product, foreign end product, qualifying country, qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state, South Caucasus/Central and South Asian (SC/CASA) state end product, and United States, as used in this provision, have the meanings given in the Buy American and Balance of Payments Program--Basic clause of this solicitation. (b) Evaluation. The Government— (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American and Balance of Payments Program-- Basic clause of this solicitation, the offeror certifies that— (i) Each end product, except those listed in paragraph (c)(2) or (3) of this provision, is a domestic end product; and (ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror certifies that the following end products are qualifying country end products: (Line Item Number Country of Origin) ___ (Country of Origin) ___ (3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of ``domestic end product'': (Line Item Number) ___ (Country of Origin (If known)) ___ (End of provision) PROVISIONS PROVIDED BY REFERENCE 252.203-7005 Representation Relating to Compensation of Former DOD Officials (Nov 2011) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Dec 2015) 252.204-7011 Alternative Line-Item structure (Sep 2011) 252.225-7031 Secondary Arab Boycott of Israel (Jun 2005)
 

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Record

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