Inactive Total Small Business Set-Aside (FAR 19.5)

22 SEP 2022: NOTICE OF AWARD ATTACHED MODIFICATION 12 SEP 2022: QUESTIONS AND ANSWERS POSTED RFQ Document Type: RFQ RFQ Number: PANNGB-22-P-0000 012968 Request Date: 26 AUGUST 2022 Quote Deadline: Thu... 22 SEP 2022: NOTICE OF AWARD ATTACHED MODIFICATION 12 SEP 2022: QUESTIONS AND ANSWERS POSTED RFQ Document Type: RFQ RFQ Number: PANNGB-22-P-0000 012968 Request Date: 26 AUGUST 2022 Quote Deadline: Thursday 15 September @ 10:00am CST Set Aside: This is a total small business set-aside. SITE VISIT: Wednesday 07 September 2022 9:00am CST THIS IS A SHORT OF AWARD SOLICITATION FAR 52.232-18. FUNDS ARE NOT PRESENTLY AVAILABLE. ENSURE QUOTES ARE ACCEPTABLE THROUGH 30 SEP 2022 Prior to award, the vendor must be registered and have completed online representations and certifications in the System for Award Management (SAM) at https://www.sam.gov NAICS: 334111- Electronic Computer Manufacturing (Size Standard: 1,250) PSC: 7B22 SITE VISIT: There will be a site visit on Wednesday, 07 September 2022, 9:00am CST at LRAFB B310. Email the names of the individuals who will need access to the installation no later than Tuesday, 06 September 2022 to TSgt Ryan Bernaiche ryan.bernaiche@us.af.mil. To gain temporary access to LRAFB for the site visit participants must have a valid state issue ID, and insurance and registration for their vehicle. All participants that will need temporary base access to attend the site visit must be at the Visitors Center at the Main gate entrance no later than 8:30am CST. QUESTIONS: All questions must be submitted in writing by 4:00pm CST 07 September 2022. 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; written quotations are being requested and a written solicitation will not be issued. The Government reserves the right to award without discussions. This solicitation, PANNGB-22-P-0000 012968, is being issued as a Request for Quotation for the requirement for server rack cooling units in B310 located on Little Rock AFB, AR. A Firm Fixed Price award for the RFQ will be based on lowest price (quotation must show it meets all specified requirements). Submitted quotes must contain information that the equipment and installation of equipment being proposed meets the requirements set forth in this solicitation. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04 30 January 2022. 52.232-18 -- AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. 001: WORKSTATION AND STORAGE -MINIMUM REQUIREMENTS- CLIN 1- Cooled server rack system for 6 server racks with installation as specified in the document attached QTY: AS STATED ABOVE DELIVERY: 90 DAYS ADC BASIS OF AWARD: LOWEST PRICE SHIPPING: FOB DESTINATION Contract Vehicle: Purchase Order/ Delivery order DELIVERY: Little Rock AFB, Jacksonville AR 72099 QUOTES SHALL BE ACCEPTABLE THROUGH 30 SEP 2022 Reference PANNGB-22-P-0000 012968 in the email subject line of any communication in response to this RFQ. Final quotes are due no later than Thursday 15 September @ 10:00am CST. Quotes should be marked with RFQ number PANNGB-22-P-0000 012968. Quotes may be hand carried or emailed to the ANG Contracting Office, Attention: TSgt Ryan Bernaiche, Room 101. If emailed submit quotes to ryan.bernaiche@us.af.mil with the subject line to read “Quote: PANNGB-22-P-0000 012968.” CONTRACTING OFFICE ADDRESS Ryan J. Bernaiche, TSgt, AR ANG Contracting Officer 189th Mission Support Group 112 MSgt Dan Wassom Rd, LRAFB, AR 72099 ryan.bernaiche@us.af.mil Terms and Conditions The following provisions and clauses apply to this acquisition: CLAUSES INCORPORATED BY REFERENCE FAR 52.201-1 Definitions FAR 52.204-7 System for Award Management. FAR 52.204-13 System for Award Management Maintenance. FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-18 Commercial and Government Entity Code Maintenance. FAR 52.204-20 Predecessor of Offeror FAR 52.204-22 Alternative Line Item Proposal FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.212-1 Instructions to Offerors- Commercial Items FAR 52.212-2 Evaluation – Commercial Items FAR 52.212-3 Offerors Representations and Certifications-Commercial Items. FAR 52.212-4 Contract Terms and Conditions--Commercial Items. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. FAR 52.216-24 Limitation of Government Liability. (See Note 1.) FAR 52.219-6 Notice of Total Small Business Set-Aside FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13 Restrictions on Certain Foreign Purchases. FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications. FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.222-50 Combating Trafficking in Persons FAR 52.223-20 Aerosols. FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation FAR 52.232-1 Payments FAR 52.232-33 Payment by Electronic Funds Transfer—System for Award Management. FAR 52.232-39 Unforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-3 Protest after Award DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7011 Alternative Line Item Structure. DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services DFARS 252.211-7003, Item Unique Identification and Valuation DFARS 252.213-7000, Notice to Prospective Suppliers on the Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations DFARS 252.217-7026, Identification of Sources of Supply DFARS 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials DFARS 252.225-7020 Trade Agreements Certificate DFARS 252.225-7021 Trade Agreements DFARS 252.225-7048 Export-Controlled Items. DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7006, Wide Area WorkFlow Payment Instruction DFARS 252.232-7010, Levies on Contract Payments DFARS 252.244-7000 Subcontracts for Commercial Items. CLAUSES INCORPORATED BY FULL TEXT 52.232-18 Availability of Funds. (Apr 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. 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 address: https://www.acquisition.gov/ (End of Provision) 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: https://www.acquisition.gov/ (End of Clause) 52.252-5 – Authorized Deviations in Provisions (Apr 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision. (b) The use in this solicitation of any FAR and DFAR (48 CFR) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. (End of Provision) 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 FAR and DFAR (48 CFR) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. (End of Clause) 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) Representation. The Offeror represents that— (1) It ? will, ? will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ? does, ? does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services— (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) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means– (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Critical technology means– (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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. (c) Exceptions. This clause does not prohibit contractors 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. (d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. (End of clause) 52.204-26 Covered Telecommunications Equipment or Services-Representation. (Oct 2020) (a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (c) (1) Representation. The Offeror represents that it ? does, ? does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. (2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it ? does, ? does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision)