SAMDaily.us | PRESOL | 38 | Acquisition of Pedastal Mounted Telescopic Boom Crane

SAMDAILY.US - ISSUE OF SEPTEMBER 03, 2021 SAM #7216
SOLICITATION NOTICE

38 -- Acquisition of Pedastal Mounted Telescopic Boom Crane

Notice Date: 9/1/2021 6:50:27 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 333923 — Overhead Traveling Crane, Hoist, and Monorail System Manufacturing
Contracting Office: W2SD ENDIST PHILADELPHIA PHILADELPHIA PA 19107-3390 USA
ZIP Code: 19107-3390
Solicitation Number: W912BU21Q0037
Response Due: 9/9/2021 10:00:00 AM
Archive Date: 09/24/2021
Point of Contact: Jonathan Bradshaw, Phone: 732-703-0391, Robert W. Hutcheon
E-Mail Address: jonathan.p.bradshaw@usace.army.mil, robert.w.hutcheon@usace.army.mil
(jonathan.p.bradshaw@usace.army.mil, robert.w.hutcheon@usace.army.mil)
Small Business Set-Aside: SBA Total Small Business Set-Aside (FAR 19.5)
Description: This is a combined synopsis/solicitation, W912BU21Q0037, for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Part 13 and the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. A Scope of Work (SOW) is included as an attachment. This office will not accept any telephonic, written, or faxed requests for a copy of the solicitation. Request for quotation (RFQ): CLIN DESCRIPTION 0001 Pedestal Mounted Telescopic Boom Crane (See SOW and Quote Form) FOB: Destination Inspection and Acceptance: where work will be performed. See SOW. Period of performance is Three Hundred and Sixty-Five (365) calendar days after award. Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05/3-10-2021. Clauses and Provisions are available online at https://www.acquisition.gov. This solicitation is being competed as a 100% total small business set-aside under the NAICS Code of 333923 - Ship cranes and derricks manufacturing with a small business size standard of 1,250 employees. CLAUSES INCORPORATED BY REFERENC 52.203-Gratuitie APR 1984 52.203-6 Alt� Restrictions On Subcontractor Sales To TheGovernment233-4 OCT 1995 (JUN 2020) -- Alternate I 52.203-11 Certification And Disclosure Regarding Payments To SEP 2007 Influence Certain Federal Transactions 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-10 Reporting Executive Compensation and First-Tier JUN 2020 Subcontract Awards 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications AUG 2020 and Video Surveillance Services or Equipment. 52.209-2 Prohibition on Contracting with Inverted Domestic NOV 2015 Corporations--Representation 52.209-6 Protecting the Government's Interest When Subcontracting JUN 2020 With Contractors Debarred, Suspended, or Proposed for Debarment 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding OCT 2018 Responsibility Matters 52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015 Corporations 52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2020- O0008) MAR 2020 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993 52.222-50 Combating Trafficking in Persons OCT 2020 52.222-54 Employment Eligibility Verification OCT 2015 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration JUN 2016 Equipment and Air Conditioners. 52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer JUN 2014 Products - Alternate I 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving JUN 2020 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement JUN 2020 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2010 Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By MAY 2019 The Government of a Country that is a State Sponsor of Terrorism 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial DEC 2018 Satellite Services. 252.226-7000 Utilization of Indian Organizations and Indian-OwnedAPR 2019 Economic Enterprises, and Native Hawaiian SmallcBusiness Concerns 252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018 Reports 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea FEB 2019 ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018) Paragraph (a) Inspection/Acceptance is revised to add the following: Additional Inspection/Acceptance requirements can be found in Scope of Work (SOW). Paragraph (o) Warranty is revised to incorporate clause FAR 52.246-17 Warranty of Supplies of a non-complex Nature. (End of Clause Addendum) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JAN 2021) ALTERNATE I (FEB 2000) Notwithstanding the requirements of any other clauses of 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� 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). 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)). 52.204-23, 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). 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). 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. 52.222-21, Prohibition of Segregated Facilities (APR 2015). (7) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246). 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C.4212). 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.793). 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C.4212) 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. 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627). 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). 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). 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). 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). 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. 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. While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.246-16 Warranty of Supplies of a Noncomplex Nature (June 2003) �� (a) Definitions. As used in this clause- �� Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract. �� Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include ""data."" �� (b) Contractor�s obligations. (1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for Three (3) Years. �� (i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and �� (ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract. �� (2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor�s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor�s plant, and return. �� (3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies. �� (4) All implied warranties of merchantability and ""fitness for a particular purpose"" are excluded from any obligation contained in this contract. �� (c) Remedies available to the Government. (1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 180 days of the discovery of the fault. �� (2) Within a reasonable time after the notice, the Contracting Officer may either- �� (i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or �� (ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances. �� (3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer- �� (A) May, for sampling purposes, group any supplies delivered under this contract; �� (B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed; �� (C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and �� (D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots. �� (ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options: �� (A) Require an equitable adjustment in the contract price for any group of supplies. �� (B) Screen the supplies grouped for warranty action under this clause at the Contractor�s expense and return all nonconforming supplies to the Contractor for correction or replacement. �� (C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies. �� (D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement. �� (4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor- �� (A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or �� (B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure. �� (ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor�s account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred. �� (5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. (End of clause) 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/these address(es): https://www.acquisition.gov (End of Clause) FAR 52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov FAR 52.204-7 System for Award Management OCT 2018 FAR 52.204-16 Commercial and Government Entity Code Reporting JUL 2019 DFARS 52.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 FAR 52.209-7 Information Regarding Responsibility Matters Oct 2018 FAR 52.212-3 Offeror Representations and Certifications-Commercial Items OCT 2018 DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 FAR 52.222-22 Previous Contracts and Compliance Reports FEB 1999 FAR 52.2225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran�Representation and Certifications JUN 2020 FAR 52.252-5 Authorized Deviations in Provisions NOV 2020 (End of Provision) FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 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� The total value of all current, active contracts and grants, including all priced options; and 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). The offeror�� has�� does not have current active Federal contracts and grants with total value greater than $10,000,000. 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: 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: In a criminal proceeding, a conviction. In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. In an administrative proceeding, a finding of fault and liability that results in� The payment of a monetary fine or penalty of $5,000 or more; or The payment of a reimbursement, restitution, or damages in excess of $100,000. In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7). (End of provision) FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020) - ADDENDUM Part (b) Submission of offers is replaced by language below. Quote shall include the following (Quote Form): Solicitation No.: W912BU21Q0037 Date/Name/POC: �� Address/Telephone No: �� Cage Code, DUNS: � A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). For vendors with a current registration in the System for Award Management (SAM), complete paragraph (b) of the provision and submit with the response to the RFQ. Additional requirements set forth in solicitation. Price: Enter pricing in the Quote. Part (c) Period for acceptance of offer replaces 30 calendar days with 90 calendar days. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers. All other parts of this provision remain unchanged. QUOTE SUBMITTAL INSTRUCTIONS: ***Completed Quote Form with other required documentation shall be submitted via email (see instructions below) NLT�1:00 PM EST September 9, 2021 *** Prospective contractors are required to submit offers via email to Jonathan.P.Bradshaw@usace.army.mil �and CC Robert.W.Hutcheon@usace.army.mil with subject line as follow: MDC 3205 MVK Crane Procurement W92BU21Q0037. Submission, modification, revision, and withdrawal will be handled as prescribe in FAR 15.208. Quoters must make every effort to ensure its electronic submission is virus-free. Also, the offeror is responsible for verifying �receipt of their quotes to this office before the due date and time. (End of Provision) FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) 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. The following factors shall be used to evaluate offers: Award will be made to lowest price quote meeting specification, terms and conditions, and past performance requirements. � Price: Total Price of project Total Price at the bottom of Price Schedule Sheet Technical: Scope of Work (SOW) Past Performance: The Government will validate vendor(s) past performance information through Contractor Performance Assessment Reporting System (CPARS). Government will accept anything other than an �Unsatisfactory� rating in CPARS. Note: FAR 52.212-2 (b) and (c) are not applicable to this solicitation. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). 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 Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) FAR 52.204-24 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. 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. 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. Nothing in the prohibition shall be construed to-- 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 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. 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-- 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 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. 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."" Representations. 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. 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 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. Disclosures. 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, theOfferor shall provide the following information as part of the offer: For covered equipment-- 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); 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 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. For covered services-- 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 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. 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: For covered 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); 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 Explanation o...
Web Link: SAM.gov Permalink
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Place of Performance: Address: Memphis, TN 38109, USA; Zip Code: 38109; Country: USA
Record: SN06119594-F 20210903/210901230124 (samdaily.us)
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38 -- Acquisition of Pedastal Mounted Telescopic Boom Crane