SAMDaily.us | PRESOL | 20 | Trycon Container

SAMDAILY.US - ISSUE OF JUNE 21, 2020 SAM #6779
SOLICITATION NOTICE

20 -- Trycon Container

Notice Date: 6/19/2020 10:49:01 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 332439 — Other Metal Container Manufacturing
Contracting Office: MSC NORFOLK NORFOLK VA 23511-2313 USA
ZIP Code: 23511-2313
Solicitation Number: N3220520Q4170
Response Due: 6/25/2020 8:00:00 AM
Archive Date: 07/10/2020
Point of Contact: Samuel N. Queen, Phone: 7576420500
E-Mail Address: Samuel.queen@navy.mil
(Samuel.queen@navy.mil)
Description: Military Sealift Command Combined Synopsis and Solicitation Notice Information 1.�� This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. 2.�� Solicitation number is N32205-20-Q-4170 and is being issued as a Request for Quotes (RFQ).� 3.�� The solicitation document and incorporated provisions and clauses are those in effect through: a.�� Federal Acquisition Circular (FAC) 2020-06, effective 06/05/2020 located on https://www.acquisition.gov/browse/index/far� b.�� DFARS Publication Notice 20200605, effective 06/05/2020 located at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ 4.�� The associated NAICS code is 332439 and the associated PSC/FSC code is 2090 for this procurement: NOTE: �� A Class Waiver is not applicable to a procurement unless the NAICS code, PSC/FSC, and NAICS Code �� Descriptor currently in effect, match the item(s) being procured. 1 is not being set-aside for small businesses. �� 0 is being set-aside for. �The small business size standard is 5.�� The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options: CLIN�� DESCRIPTION�� P/N�� QUANTITY�� UNIT OF MEASURE�� UNIT PRICE�� EX-PRICE�� LEAD TIME 0001�� TRICON TYPE 1 NEW (Q) CONTAINER�� SB821.0 Q�� 3�� EACH�� $�� $�� *SHIPPING COSTS WILL BE INCLUDED IN EACH INDIVIDUAL LINE ITEM* 6. �� It is anticipated one firm-fixed price purchase order will be issued in response to this RFQ. �No commercial �� financing. �Military Sealift Command intends to award a brand name firm fixed price contract for the �� procurement of Trycon Container in support of the USNS ZEUS (T-ARC 7). 7. �� The required delivery is FOB Destination and acceptance date is July 30, 2020. �Delivery and acceptance will �� occur at: �� N32205 220 F ST CAD 30 DWY 15 �� WILLIAMSBURG VA, 23185 8. �� The provision at FAR 52.212-1, Instructions to Offerors � Commercial (Deviation 2018-O0018) applies to this �� acquisition and is incorporated by reference. The provision is amended as follows: �� 52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS �� a. �� Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1. � �� b. �� After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate. �� c. �� The term �offeror� or �offer� as used in FAR 52.212-1 shall be understood to mean �quoter� and �quote,� respectively. �Further, the term �award� shall be understood to describe the Government�s issuance of an order. �� d. �� The Government will consider all quotes that are timely received and may consider late quotes in accordance with 52.212-1. �Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable. �� e. �� Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows: �� In addition to the quote submission requirements stated in FAR provision 52.212-1, quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission: �� Responsible sources shall provide the following: 1.�� Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price 2.�� Total Firm Fixed price 3.�� Any Discount Terms 4.�� Estimated time of delivery 5.�� Technical Submission Requirements a.�� For Parts/Supply buy, the quote shall contain a description including part number and title for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the requirements schedule. b.�� For a Services buy, the quote shall contain all pre-award submission/certification requirements as defined in the statement of work (SOW). 6.�� Indicate principal place of performance and country of product origin. 7.�� Responses to the solicitation are due 11AM Eastern 06/25/2020. � Quotes may be e-mailed to Samuel Queen at Samuel.queen@navy.mil. �To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government�s sole discretion. � Please reference the solicitation number on your quote. �� Primary Point of Contact: Samuel Queen at Samuel.queen@navy.mil. �� Secondary Point of Contact: � 9.�� Provision 52.212-2 Evaluation�Commercial Items applies to this acquisition. � Award will be made in accordance with FAR Subpart 13.5 to a responsible quoter who provides a technically acceptable solution at a fair market price and who has acceptable past performance. �(a) The Government may issue a purchase order resulting from this solicitation to the responsible qutoer 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 quote: �� (i) technical capability of the item quoted to meet the Government requirement; �� (ii) price; �� (iii) past performance, if applicable (see FAR 15.304); justification is required if this is not assessed when the value of the procurement is over the limits set in FAR 15.304(c)(3)(i) and any applicable deviations. Award shall be made to the lowest priced technically acceptable quoter. To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation. �To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. �The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers, can be met. � If utilized, a past performance evaluation will be conducted in accordance with FAR 13.106-2(b)(3)(ii)(C). �The Government intends to utilize the Contract Performance Assessment Reporting System (CPARS) for past performance evaluations as a basis for anticipating successful/unsuccessful performance on this required effort. �To be considered acceptable for past performance, a search of the CPARS must reveal no negative past performance information for the recent and relevant records. �In the event there are no recent and/or relevant CPARS records, the quoter may submit information on recent and relevant subcontracts and/or commercial contracts. If no recent and relevant contracts are available in CPARS or submitted by the quoter, the quoter�s past performance record shall be considered �unknown.� �In the context of acceptable or unacceptable, �unknown� past performance shall be considered �acceptable.� �To be considered recent, the effort must either still be in progress or have been completed within the previous three (3) years from date of this draft award notice. �To be considered relevant the record should be similar in terms of complexity, scope, and magnitude. ��Scope� is defined as experience in areas defined in the SOW. �Magnitude� is defined as the measure of similarity of the volume, dollar value, and/or duration of work actually performed under the quoter�s submitted contracts to the SOW. At the quoter�s discretion, additional past performance information may be submitted with the quote as a supplement to CPARS. �If furnished, this submission will be evaluated in accordance with the procedures described above. � The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3. � (b) Options. �The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. �The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. �Evaluation of options shall not obligate the Government to exercise the option(s). (c) To consummate a binding contract between the parties, the successful quoter shall accept the purchase order in writing (see FAR 2.101). � (End of Provision) 10.�� Provision FAR 52.212-3, Offeror Representations and Certifications � Commercial Items applies to this acquisition. �Complete and return with quote if required 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Jun 2020) � 11.�� Clause 52.212-4 Contract Terms and Conditions � Commercial items, applies to this acquisition. Quotes submitted in response to this solicitation shall not contain nor be subject to the vendor�s standard commercial terms and conditions. �Any quote submitted in response to this solicitation, which includes the vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation. 12. �� Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders � Commercial Items (Jun 2020), applies to this acquisition along with the following FAR Clauses cited in the clause are applicable.� � � � (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). � � � � � �(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. 3805note)). � � � (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.] � � � � � � __ (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.) � � � � � � __ (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). � � � � � � __ (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. 6101note).� � � � � � � __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). � � � � � � __ (10) [Reserved]� � � � � � � __ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). � � � � � � __ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)). � � � � � � __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). � � � � � � __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f). � � � � � � __ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (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 (Mar 2020) (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 (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(a)(17)). � � � � � � __ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). � � � � � � __ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126). � � � � � � __ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). � � � � � � __ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). � � � � � � � � � __ (ii) Alternate I (Feb 1999) of 52.222-26. � � � � � � __ (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. � � � � � � __ (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. � � � � � � __ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).� � � � � � � __ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). � � � � � � __ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). � � � � � � � � � __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 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.) � � � � � � __ (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. � � � � � � __ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). � � � � � � � � � __ (ii) Alternate I (Jan 2017) of 52.224-3. � � � � � � __ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). � � � � � � __ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. � � � � � � � � � __ (ii) Alternate I (May 2014) of 52.225-3. � � � � � � � � � __ (iii) Alternate II (May 2014) of 52.225-3. � � � � � � � � � __ (iv) Alternate III (May 2014) 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). � � � � � � __ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (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 (Jun 2020).� � � � � � � __ (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)). � � � � � � __ (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). � � � � � � __ (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. Appx. 1241(b) and 10 U.S.C. 2631). � � � � � � � � � __ (ii) Alternate I (Apr 2003) of 52.247-64. � � � � � � � � � __ (iii) Alternate II (Feb 2006) of 52.247-64. � � � (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: � � �[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 Under Executive Order 13658 (Dec 2015). � � � � � � __ (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). � � � � � � � � (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). � � � � � � � � (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds 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 (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). � � � � � � � � � � �(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 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 (Oct 2015) (E.O. 12989). � � � � � � � � (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). � � � � � � � � (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. � � � � � � � � (xxii) 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) 13. �� Insert language pertaining to any additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. � The following additional information is applicable to this acquisition:� Number�� Title 52.204-7�� System for Award Management 52.204-13�� System for Award Management Maintenance 52.204-16�� Commercial and Government Entity Code Reporting 52.204-18�� Commercial and Government Entity Code Maintenance 52.204-21�� Basic Safeguarding of Covered Contractor Information Systems 52.204-24�� Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. � � � (a) �Definitions. As used in this provision� � � � �Covered telecommunications equipment or services�, �critical technology�, and �substantial or essential component� have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. � � � (b) �Prohibition. 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. Contractors are not prohibited from providing� � � � � � �(1) �A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or � � � � � �(2) �Telecommunications equipment that cannot route or redirect user data traffic or 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 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.� � � � (e) �Disclosures. If the Offeror has represented in paragraph (d) of this provision that it �will� provide covered telecommunications equipment or services�, the Offeror shall provide the following information as part of the offer�� (1) �A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); � � � � � �(2) �Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision; � � � � � �(3) �For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and � � � � � �(4) �For equipment, 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). (End of provision) 52.209-7�� Information Regarding Responsibility Matters (Oct 2018) (a) Definitions. As used in this provision� �Administrative proceeding� means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. �Federal contracts and grants with total value greater than $10,000,000� means� (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). �Principal� means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror ? has ? does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked �has� in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalt...
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Record: SN05697130-F 20200621/200622142805 (samdaily.us)
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