SOLICITATION NOTICE
70 -- W52P1J-21-T-5274: Oracle Internet Developer Suite License Renewal
- Notice Date
- 8/7/2021 10:33:46 AM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 334614
— Software and Other Prerecorded Compact Disc, Tape, and Record Reproducing
- Contracting Office
- W4MM USA JOINT MUNITIONS CMD ROCK ISLAND IL 61299-5000 USA
- ZIP Code
- 61299-5000
- Solicitation Number
- W52P1J-21-T-5274
- Response Due
- 8/11/2021 2:00:00 PM
- Archive Date
- 08/26/2021
- Point of Contact
- Katherine Lawson, Angela M. Venes
- E-Mail Address
-
katherine.m.lawson7.civ@mail.mil, angela.m.venes.civ@mail.mil
(katherine.m.lawson7.civ@mail.mil, angela.m.venes.civ@mail.mil)
- Small Business Set-Aside
- SBA Total Small Business Set-Aside (FAR 19.5)
- Description
- COMBINED SYNOPSIS/SOLICITATION W52P1J-21-T-5274: Oracle Internet Developer Suite License Renewal a.�� �General Information: Army Contracting Command � Rock Island (ACC-RI) has a requirement for renewal of 1 license for Oracle Internet Developer Suite that allows for five users and includes maintenance and support with a base year and up to four option years. The requirement is being solicited in support of Joint Munitions Command, Pine Bluff Arsenal (PBA).� b.�� �This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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. �Should a contract be issued as a result of this solicitation, the contract will be awarded in accordance with FAR 13.106. c.�� �The combined synopsis/solicitation number is W52P1J-21-T-5274. �The solicitation is issued as a request for quotation (RFQ). � d.�� �This solicitation document and incorporated provisions and clauses are those in affect through Federal Acquisition Circular (FAC) 2021-06 and DFARS change 7/9/2021. e.�� �This is a brand name requirement for Oracle products. Additionally, this is a total small-business set-aside. The associated North America Industry Classification System (NAICS) code is 334614 and the business size standard is 1,250 employees. f.�� �This combined synopsis/solicitation is for the following commercial items: CLIN 0001: Oracle Internet Developer Suite License Renewal Maintenance/Support for 5 users� Quantity: 1 Lot (1 Lot =5 ea.) Period of Performance: 22AUG2021-21AUG2022 CLIN 1001 (Option Year 1): Oracle Internet Developer Suite License Renewal Maintenance/Support for 5 users� Quantity: 1 Lot (1 Lot =5 ea.) If Option is Exercised, Period of Performance: 22AUG2022-21AUG2023 CLIN 2001 (Option Year 2): Oracle Internet Developer Suite License Renewal Maintenance/Support for 5 users� Quantity: 1 Lot (1 Lot =5 ea.) If Option is Exercised, Period of Performance: 22AUG2023-21AUG2024 CLIN 3001 (Option Year 3): Oracle Internet Developer Suite License Renewal Maintenance/Support for 5 users� Quantity: 1 Lot (1 Lot =5 ea.) If Option is Exercised, Period of Performance: 22AUG2024-21AUG2025 CLIN 4001 (Option Year 4): Oracle Internet Developer Suite License Renewal Maintenance/Support for 5 users� Quantity: 1 Lot (1 Lot =5 ea.) If Option is Exercised, Period of Performance: 22AUG2025-21AUG2026 The initial period of performance and options, if exercised, will be in accordance with the respective dates provided above. g.�� �Although a tangible product will not be delivered, for invoicing purposes, delivery shall be made to the following address: PINE BLUFF ARSENAL ATTN: MICHELLE PADGETT / CHIEF, COMPLIANCE DIVISION / DIRECTORATE OF INFORMATION MANAGEMENT 10040 KABRICH CIRCLE PINE BLUFF, AR 71602 1.�� �Awardee�s shipping method shall allow for the ability to track items to their final destination. 2.�� �Inspection and Acceptance will occur at Destination. h.�� �The following Defense Priorities and Allocations Systems (DPAS) rating applies: DPAS does not apply. i.�� �The following Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulations Supplement (DFARS) provisions and clauses are applicable to this RFQ. 1. The following FAR and DFARS clauses and provisions are included by reference: i. FAR Clause 52.202-1: Definitions� ii. FAR Provision 52.204-7: System for Award Management (OCT 2018) iii. FAR Clause 52.204-13: System for Award Management Maintenance (OCT 2018) iv. FAR Provision 52.204-16: Commercial and Government Entity Code Reporting (AUG 2020) v. FAR Clause 52.204-18: Commercial and Government Entity Code Maintenance (AUG 2020) vi. FAR Clause 52.204-19: Incorporation by Reference of Representations and Certifications (DEC 2014) vii. FAR Provision 52.204-20: Predecessor of Offeror (AUG 2020) viii. FAR Provision 52.204-26: Covered Telecommunications Equipment or Services � Representation (OCT 2020) ix. FAR Provision 52.209-11: Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under Any Federal Law (FEB 2016) x. FAR Provision 52.212-1: Instructions to Offerors � Commercial Items (JUL 2021) xi. Addendum to FAR Provision 52.212-1: Instructions to Offerors � Commercial Items (JUL 2021) . A. Additional Instructions to Offerors 1. Reference solicitation number W52P1J-21-T-5274 on all quote documents. 2. Provide a name, phone number, and email address of an appropriate point of contact. 3. Quoter shall provide company�s CAGE Code and DUNS number. 4. Complete and submit responses to the following provisions: - FAR Provision 52.204-24 - FAR Provision 52.209-11 - FAR Provision 52.212-3 - FAR Provision 52.225-25 5. Contractor shall provide a unit price and an extended price for each CLIN requested in this RFQ. 6. Quoter shall ensure that its company�s shipping method allows for the ability to track the product to its final destination. 7. Quoter shall provide at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice. 8. Quote shall be valid for 30 days after RFQ closing date. 9. Quoter/Awardee must be registered in the System for Award Management (SAM) database in order to be eligible to receive a contract from the U.S. Government. Applicable to this site can be found under the following link: www.sam.gov Failure to comply with SAM registration may deep a Quoter ineligible for award. 10. Electronic invoicing instructions shall be provided at time of award. 11. Contractor is liable for accuracy of submitted quote and any incurred costs if quote is submitted erroneously. xii. FAR Provision 52.212-2: Evaluation Commercial Items (OCT 2014)� a. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Price is the only factor that will be evaluated. b. Options. The USG will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The USG may determine that a quote is unacceptable if the option pries are significantly unbalanced. Evaluation of options shall not obligate the USG 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 party. Before the offer�s specified expiration time, the USG 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. xiii. FAR Provision 52.212-3 Alternate I: Offeror Representations and Certifications � Commercial Items (FEB 2021) xiv. FAR Clause 52.212-4 - Contract Terms and Conditions (OCT 2018)� xv. Addendum to FAR Clause 52.212-4 - Contract Terms and Conditions (OCT 2018)� The following provisions and clauses also apply to this solicitation and are incorporated by references via this addendum to FAR Clause 52.212-4. � 1. FAR 52.203-12 - Limitation on Payments to Influence Certain Federal Transactions (JUN 2020). 2. FAR Clause 52.204-21 - Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) 3. FAR Provision 52.217-5 - Evaluation of Options (JULY 1990) 4. FAR Clause 52.217-7 - Option for Increased Quantity � Separately Priced Line Item (MAR 1989) (END OF ADDENDUM 52.212-4) xvi. FAR Clause 52.212-5: Contract Terms and Conditions Required to Implement Statutes or Executive Orders � Commercial Items (JUL 2021) The following FAR clauses, which are incorporated within FAR Clause 52.212-5, also apply to this RFQ. 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)) 52.204-10: Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-23: Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91) 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) 52.209-6: Protecting the Government�s Interests When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.209-10: Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.219-28: Post Award Small Business Program Rerepresentation (NOV 2020) 52.219-33: Nonmanufacturer Rule (MAR 2020) 52.222-3: Convict Labor (JUNE 2003) 52.222-21: Prohibition of Segregated Facilities (APR 2015) 52.222-26: Equal Opportunity (SEPT 2016) 52.222-36: Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-50: Combating Trafficking in Persons (OCT 2020) 52.223-18: Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-13: Restriction on Certain Foreign Purchases (FEB 2021) 52.232-33: Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) 52.233-3: Protest After Award (AUG 1996) 52.233-4: Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)) 52.239-1: Privacy or Security Safeguards (AUG 1996) (END OF CLAUSE 52.212-5) xvii. FAR Provision 52.225-25 - Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran � Representation and Certifications (JUN 2020) xviii. FAR Clause 52.232-39 - Unenforceability of Unauthorized Obligations (JUN 2013) xix. FAR Clause 52.232-40: Providing Accelerated Payments to Small Business Contractors (DEC 2013) xx. DFARS Clause 252.203-7000 � Requirements Relating to Compensation of Former DoD Officials � (SEP 2011) xxi. DFARS Clause 252.203-7002 � Requirement to Inform Employees of Whistleblower Rights (SEP 2013) xxii. DFARS Provision 252.203-7005 � Representation Relating to Compensation of Former DoD Officials (NOV 2011) xxiii. DFARS Provision 252.204-7008 � Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) xxiv. DFARS 252.204-7012: Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019) xxv. DFARS Clause 252.204-7015 � Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) xxvi. DFARS Provision 252.204-7016 - Covered Defense Telecommunications Equipment for Services-Representation (DEC 2019) xxvii. DFARS Provision 252.204-7017 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment for Services-Representation (DEC 2019) xxviii. DFARS Clause 252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2021)� xxix. DFARS Clause 252.204-7020 - NIST SP 800-171 DoD Assessment Requirements (NOV 2020) xxx. DFARS 252.211-7003 - Item Unique Identification and Valuation (MAR 2016) Fill-Ins: N/A xxxi. DFARS Provision 252.217-7026 - Identification of Sources of Supply (NOV 1995) xxxii. DFARS 252.223-7008 � Prohibition of Hexavalent Chromium (JUN 2013) xxxiii. DFARS Clause 252.225-7012 � Preference for Certain Domestic Commodities (DEC 2017) xxxiv. DFARS Clause 252.232-7003 � Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) xxxv. DFARS Clause 252.232-7010 � Levies on Contract Payments (DEC 2006) xxxvi. DFARS Clause 252.232-7017 � Accelerating Payments to Small Business Subcontractors � Prohibition on Fees and Consideration (APR 2020) xxxvii. DFARS Provision 252.239-7017 � Notice of Supply Chain Risk (FEB 2019) xxxviii. DFARS Clause 252.239-7018 � Supply Chain Risk (FEB 2019) xxxix. DFARS 252.239-7098 � Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites � Representation (APR 2021) xl. DFARS Clause 252.244-7000 � Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (OCT 2020) 2.�� �The following eight provisions and clauses also apply to this solicitation and are incorporated by full text. i. FAR Provision 52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)� 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 Items. 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 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) Representations. 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-- (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) ii. FAR Clause 52.222-19 - Child Labor-Cooperation with Authorities and Remedies (DEVIATION 2020-O0019) (JUL 2020)� (a)�� �Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in�� �� ��� ��� ��� ��� ��� �(1) Israel, and the anticipated value of the acquisition is $50,000 or more;� �� ��� ��� ��� ��� ��� �(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or� (3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, 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 $182,000 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)� iii. FAR 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 address: www.acquisition.gov. � (End of Clause) iv. FAR Clause 52.252-6 - Authorized Deviations in Clauses (APR 1984) 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. b. The use in this solicitation or contract of any Defense Federal Acquisition Regulations Supplement, Department of Defense (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) v. DFARS Clause 252.225-7972 � Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015) (MAY 2020) (a) �Prohibition. �In accordance with section 848 of the National Defense Authorization Act for Fiscal Year 2020, the Contractor shall not provide or use in the performance of this contract� (1) �An unmanned aircraft system (UAS), or any related services or equipment, that� (i) �Is manufactured in the People�s Republic of China or by an entity domiciled in the People�s Republic of China; (ii) �Uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in the People�s Republic of China or by an entity domiciled in the People�s Republic of China; (iii) �Uses a ground control system or operating software developed in the People�s Republic of China or by an entity domiciled in the People�s Republic of China; or �� ��� ��� ��� � (iv) �Uses network connectivity or data storage located in, or administered by an entity domiciled in, the People�s Republic of China; or (2) �A system for the detection or identification of a UAS, or any related services or equipment, that is manufactured� �� ��� ��� ��� ��� ��� ��� ��� �(i) �In the People�s Republic of China; or� �� ��� ��� ��� ��� ��� ��� ��� �(ii) �By an entity domiciled in the People�s Republic of China. (b) �Subcontracts. �The Contractor shall insert the substance of this clause, including this paragraph (b), in all subcontracts or other contractual instruments, including subcontracts for the acquisition of commercial items. (End of clause) vi. DFARS Provision 252.225-7973 � Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems � Representation (DEVIATION 2020-O0015) (MAY 2020) (a) �Prohibition. �Section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92) prohibits DoD from using or procuring� (1) �An unmanned aircraft system (UAS), or any related services or equipment, that� �� ��� � (i) �Is manufactured in the People�s Republic of China or by an entity domiciled in the People�s Republic of China; (ii) �Uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in the People�s Republic of China or by an entity domiciled in the People�s Republic of China; (iii) �Uses a ground control system or operating software developed in the People�s Republic of China or by an entity domiciled in the People�s Republic of China; or (iv) �Uses network connectivity or data storage located in, or administered by an entity domiciled in, the People�s Republic of China; or (2) �A system for the detection or identification of a UAS, or any related services or equipment, that is manufactured� �� ��� ��� ��� ��� ��� ��� �(i) �In the People�s Republic of China; or� �� ��� ��� ��� ��� ��� ��� �(ii) �By an entity domiciled in the People�s Republic of China.� (b) �Representations. �By submission of its offer, the Offeror represents that it will not provide or use� (1) �A UAS, as described in paragraph (a)(1) of this provision, in the performance of any contract, subcontract, or other contractual instrument resulting from this solicitation; and (2) �A system for the detection or identification of a UAS, as described in paragraph (a)(2) of this provision, in the performance of any contract, subcontract, or other contractual instrument resulting from this solicitation. �� ��� ��� ��� ��� �(End of provision) vii. DFARS Provision 252.225-7974 � Representation Regarding Persons That Have Business Operations With the Maduro Regime (DEVIATION 2020-O0005) (FEB 2020) (a)�� �Definitions. �As used in this provision� �Agency or instrumentality of the government of Venezuela� means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to �a foreign state� deemed to be a reference to �Venezuela.� �Business operations� means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. �Government of Venezuela� means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela. � �� ��� ��� ��� ��� ��� ��� � � � �Person� means� �� � (1)�� �A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (2)�� �Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and� (3) �Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition. � �� �(b) �Prohibition. �In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of ForeignAssets Control of the Department of the Treasury. (c) �Representation. �By submission of its offer, the Offeror represents that the Offeror� �� ��� � (1) �Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or� (2) �Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury. (End of provision) viii. DFARS 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. Bo...
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