B08_-_Combined_Synopsis_Solicitation.pdf

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Solicitation No. 140E0124Q0002

SYNOPSIS:

PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE

THAT WILL BE ISSUED. 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.

The U.S. Department of the Interior (DOI), Bureau of Safety and Environmental Enforcement (BSEE), has a requirement for UNINTERRUPTABLE POWER SUPPLY (UPS) ANNUAL MAINTENANCE SERVICES. The estimated period of performance for this requirement is twelve (12) months from February 10, 2024, with four (4) twelve (12) month Option Periods.

The purpose of this combined synopsis/solicitation is to solicit quotes as described in the attached solicitation. The Government anticipates a Firm Fixed Price type award as a result of this solicitation. This procurement is being conducted in accordance with FAR Part 13, "Simplified Acquisition Procedures". The North American Industrial Classification Systems (NAICS) code is 541519, Other Computer Related Services, with a small business size standard of $30 million. This solicitation is being issued on an unrestricted basis.

All potential offerors must be registered in the System for Award Management (SAM) (www.sam.gov) in order to receive Government contracts.

The point of contact for this procurement is Rebecca Hayes, Contracting Officer, BSEE, Acquisition Operations Branch, 45600 Woodland Rd., Sterling, VA 20166. Responses to this solicitation must be submitted electronically via email to rebecca.hayes@bsee.gov no later than the closing date and time referenced in the solicitation. All email correspondence must reference “RFQ No. 140E0124Q0002” in the subject line.

SECTION 1

PRICING

1.1 GENERAL

This acquisition is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13, "Simplified Acquisition Procedures". The North American Industrial Classification Systems (NAICS) code is 541519, Other Computer Related Services, with a small business size standard of $30 million. This solicitation is being issued on an unrestricted basis. The Bureau of Safety and Environmental Enforcement (BSEE) intends to award a Firm-Fixed-Price Purchase Order for UNINTERRUPTABLE POWER SUPPLY (UPS) ANNUAL MAINTENANCE SERVICES, as specified under Section 2, Statement of Work.

This is a BRAND NAME ONLY requirement for Schneider Electric products and services. The Brand Name Justification is attached as required in FAR 13.106-1(b)(3) and FAR 5.102(a)(6).

1.2 LINE ITEM/PRICING

The specific details and description of the Purchase Order Line Item Number (CLIN) is described as follows (Offeror shall provide information as part of their price quotation):

BASE YEAR:

CLIN DESCRIPTION QTY UNIT TOTAL PRICE

00010 One Initial Audit for 1 each $__________ UPS 151 to 500 kVA Part # WPCAVUPS UG 03

PoP: within 15 days from the start of the period of performance

00020 One Year Advantage Ultra Service Plan for 1 each $__________ Symmetra 100 to 250kVA, (2) XR Frames & PDU Part #: WADVULTRA-NX-81

PoP: 02/10/2024 - 02/09/2025

00030 One Year 4-Hour 7X24 Response Upgrade 1 each $__________ to Factory Warranty or Existing Service 151 to 500 kVA Part #: WUPG4HR-UG-03

PoP: 02/10/2024 - 02/09/2025

00040 1 Additional Contract PM Visit for Symmetra 1 each $__________

250kW UPS and PDU Part #: WPMV-NX-10

PoP: 02/10/2024 - 02/09/2025

00050 Scheduling Upgrade to 7X24 for exiting 1 each $__________ Preventive Maintenance (PM) or additional PM Visit Part #: WUPGPMV7X24-UG-03

PoP: 02/10/2024 - 02/09/2025

OPTION YEAR 1:

00060 One Year Advantage Ultra Service Plan for 1 each $__________ Synnetra 100 to 250kVA, (2) XR Frames & PDU Part #: WADVULTRA-NX-81

PoP: 02/10/2025 - 02/09/2026

00070 One Year 4-Hour 7X24 Response Upgrade 1 each $__________ to Factory Warranty or Existing Service 151 to 500 kVA Part #: WUPG4HR-UG-03

PoP: 02/10/2025 - 02/09/2026

00080 1 Additional Contract PM Visit for Symmetra 1 each $__________

250kW UPS and PDU Part #: WPMV-NX-10

PoP: 02/10/2025 - 02/09/2026

00090 Scheduling Upgrade to 7X24 for exiting 1 each $__________ Preventive Maintenance (PM) or additional PM Visit Part #: WUPGPMV7X24-UG-03

PoP: 02/10/2025 - 02/09/2026

OPTION YEAR 2:

00100 One Year Advantage Ultra Service Plan for 1 each $__________ Synnetra 100 to 250kVA, (2) XR Frames & PDU Part #: WADVULTRA-NX-81

PoP: 02/10/2026 - 02/09/2027

00110 One Year 4-Hour 7X24 Response Upgrade 1 each $__________ to Factory Warranty or Existing Service 151 to 500 kVA Part #: WUPG4HR-UG-03

PoP: 02/10/2026 - 02/09/2027

00120 1 Additional Contract PM Visit for Symmetra 1 each $__________

250kW UPS and PDU

PoP: 02/10/2026 - 02/09/2027

00130 Scheduling Upgrade to 7X24 for exiting 1 each $__________

Part #: WUPGPMV7X24-UG-03

PoP: 02/10/2026 - 02/09/2027

OPTION YEAR 3:

00140 One Year Advantage Ultra Service Plan for 1 each $__________ Synnetra 100 to 250kVA, (2) XR Frames & PDU Part #: WADVULTRA-NX-81

PoP: 02/10/2027 - 02/09/2028

00150 One Year 4-Hour 7X24 Response Upgrade 1 each $__________ to Factory Warranty or Existing Service 151 to 500 kVA Part #: WUPG4HR-UG-03

PoP: 02/10/2027 - 02/09/2028

00160 1 Additional Contract PM Visit for Symmetra 1 each $__________

250kW UPS and PDU Part #: WPMV-NX-10

PoP: 02/10/2027 - 02/09/2028

00170 Scheduling Upgrade to 7X24 for exiting 1 each $__________ Preventive Maintenance (PM) or additional PM Visit Part #: WUPGPMV7X24-UG-03

PoP: 02/10/2027 - 02/09/2028

OPTION YEAR 4:

00180 One Year Advantage Ultra Service Plan for 1 each $__________ Synnetra 100 to 250kVA, (2) XR Frames & PDU Part #: WADVULTRA-NX-81

PoP: 02/10/2028 - 02/09/2029

00190 One Year 4-Hour 7X24 Response Upgrade 1 each $__________ to Factory Warranty or Existing Service 151 to 500 kVA Part #: WUPG4HR-UG-03

PoP: 02/10/2028 - 02/09/2029

00200 1 Additional Contract PM Visit for Symmetra 1 each $__________

250kW UPS and PDU

PoP: 02/10/2028 - 02/09/2029

00210 Scheduling Upgrade to 7X24 for exiting 1 each $__________

Part #: WUPGPMV7X24-UG-03

PoP: 02/10/2028 - 02/09/2029

TOTAL FIRM FIXED PRICE IF ALL OPTIONS ARE EXERCISED: $__________

SECTION 2

STATEMENT OF WORK

2.1 SCOPE OF WORK/REQUIREMENTS

BSEE has requirement to purchase one year service contract plus four option years for Preventative Maintenance (PM) for UPS APC Symmetra PX 250/500kW IO Frame with Right Mounted Maintenance Bypass and Dis. Serial number is QD1430121280. Power module serial numbers are: QD1546121291, QD1346120084, QD1440120163, QD1440120165.

The covered assets are QD1430121280 Model Numbers: SYIO500KMBR, PI1433160014, PSX-

PDU120V

All services must be performed by a Schneider Electric certified technician and certified reseller.

The vendor must provide Schneider Electric with all preventative maintenance records. Must be a Schneider Electric Service Agreement.

Schneider Electric Reference number: OP-210310-10629229

The Symmetra 250kW unit is located in first floor computer room.

Qty. Part # Description Performance Period 1 WPCAVUPS UG 03 One Initial Audit for UPS

151 to 500 kVA Within 15 days from the start of the period of performance

1 WADVULTRA-NX-81 One YR Advantage Ultra Service Plan for Symmetra 100 to 250kVA, 2XR Frames

& PDU

12-month base period and 4–12-month option periods starting February 10, 2024

1 WUPG4HR-UG-03 One YR 4HR 7X24 Response Upgrade to Factory Warranty or Existing Service

12-month base period and 4–12-month option periods starting February 10, 2024

1 WPMV-NX-10 One Year 4-Hour 7X24 Response Upgrade to Factory Warranty or Existing Service 151 to 500 kVA

12-month base period and 4–12-month option periods starting February 10, 2024

1 WUPGPMV7X24-UG-03 Scheduling Upgrade to 7X24 for exiting PM or additional Preventative Maintenance (PM) Visit

12-month base period and 4–12-month option periods starting February 10, 2024

All maintenance, upgrades, and license renewals shall be sent to or coordinated with the Contracting Officer’s Representative (COR) (to be announced at the time of award) during normal business hours, Monday through Friday, between the hours of 8:00 Eastern Time and 4:00 PM Eastern Time.

Contract shall include PM visits, four-hour response time, additional contract preventative maintenance visit, pre contract audit and scheduling upgrade to 7x24 existing or addition pm visit. The UPS unit is Symmetra 250kW UPS and PDU.

SECTION 3

COMMERCIAL ITEMS TERMS AND CONDITIONS

3.1 TYPE OF ORDER

The Bureau of Safety and Environmental Enforcement (BSEE), anticipates a Firm Fixed Price (FFP) type Purchase Order.

3.2 PERIOD OF PERFORMANCE/DELIVERABLE DATE

This order includes a BASE plus FOUR OPTION PERIODS

The total period of performance of the order is:

Base: 02/10/2024 - 02/09/2025 Option Year One: 02/10/2025 - 02/09/2026 Option Year Two: 02/10/2026 - 02/09/2027 Option Year Three: 02/10/2027 - 02/09/2028 Option Year Four: 02/10/2028 - 02/09/2029

* The Initial Audit for UPS certification shall be within 15 days from the start of the period of performance.

3.3 PLACE OF PERFORMANCE/DELIVERY LOCATION

The place of on-site performance is at BSEE’s Sterling, Virginia office located at 45600 Woodland Road, Sterling, VA 20166.

3.4 ADMINISTRATION/ GOVERNMENT POINTS OF CONTACT

3.4.1 Contracting Officer (CO)

Rebecca Hayes Bureau of Safety and Environmental Enforcement 45600 Woodland Road, Mailstop VAE-AMD Sterling, VA 20166 Phone Number: 703-787-1589 Email: rebecca.hayes@bsee.gov

3.4.2 Contracting Officer’s Representative (COR)

[to be completed upon award]

3.5 INVOICING REQUIREMENTS

Invoices shall be submitted after acceptance of deliverables by the Government, and in accordance with the instructions provided in Section 3.5.1 below. Option periods may be invoiced after, and if, the option period is exercised. In addition, the Contractor shall submit invoices utilizing the CLIN structure contained in Section 1.2.

3.5.1 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (February 2021)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice Documentation required by FAR 32.905(b)

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

3.6 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

3.7 INTERNET PROTOCOL version 6 (June 2012)

1. Any system hardware, software, firmware and/or networked component (voice, video or data) developed, procured, or acquired in support and/or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products.

2. Specifically, any new IP product or system developed, acquired, or produced must:

1. Interoperate with both IPv6 and IPv4 systems and products, and

2. Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.

3. As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost to the Government. The Contractor shall retrofit all non-IPv6 capable equipment, as defined above, that is fielded under this contract with IPv6 capable equipment, at no additional cost to the Government.

4. The contractor shall provide technical support for both IPv4 and IPv6.

5. Any system or software must be able to operate on networks supporting IPv4, IPv6 or one that supports both.

6. Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified or replaced to bring it into compliance at no additional cost to the Government.

3.14 FAR CLAUSES INCORPORATED BY REFERENCE

In accordance with Federal Acquisition Regulations (FAR) 52.252-2, this solicitation 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 the following address:

https://www.acquisition.gov/browse/index/far.

Clause Title Date 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.212-4 Contract Terms and Conditions - Commercial Items Dec 2022 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

3.15 FAR CLAUSES INCLUDED IN FULL TEXT

The following clauses are included in Full Text as required by the Federal Acquisition Regulations (FAR).

3.15.1 FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days of the contract expiration date provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

3.15.2 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (SEP 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 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)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

X (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (14) [Reserved] __ (15)

(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (16)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (17) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and (3)).

__ (18) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2023) of 52.219-9.

__ (19)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT

2022) ( 15 U.S.C. 657f).

__ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP

2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

__ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

X (28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

X (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC

2022) (E.O.13126).

X (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (31) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

X (32) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

__ (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

X (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (36) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (37) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (38) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (41) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN

2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (43) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (44) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

X (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) (E.O. 13513).

__ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (48) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (49) (i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (51) 52.225-5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (53) 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. Subtitle A, Part V, Subpart G Note).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) ( 15 U.S.C. 637(d)(13)).

__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG

2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

X (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

X (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx)

(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 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. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN

2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

3.7 CONTRACTOR’S QUOTE

The Contractor’s quote may be incorporated by reference into the Purchase Order. Any inconsistencies or in event of a conflict between terms and conditions of the Purchase Order and the contractor’s quote shall be resolved by giving precedence to the terms and conditions of the Purchase Order.

SECTION 4

QUOTATION SUBMISSION INSTRUCTIONS

4.1 SUBMISSION OF QUESTIONS

All questions regarding this RFQ must be submitted via email to Rebecca Hayes at rebecca.hayes@bsee.gov no later than 5:00 P.M. Eastern Time on Friday, November 8, 2023. You MUST include the RFQ number 140E0124Q0002 in the email subject line.

TELEPHONE INQUIRIES ARE STRONGLY DISCOURAGED. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective Offerors.

4.2 QUOTATION SUBMISSION INSTRUCTIONS AND DUE DATE

Quotations must be submitted electronically via email to the Contracting Officer, Rebecca Hayes at rebecca.hayes@bsee.gov with the subject line, “RFQ 140E0124Q0002,” no later than 5:00 P.M. Eastern Time on Friday, November 15, 2023. The offeror is responsible for ensuring the Contracting Officer received the quotation and all attachments. Any submissions received after the date and time specified herein may NOT be considered for award. The failure to submit any of the information requested in this RFQ may lead to the rejection of your quotation without further consideration.

This RFQ in no way obligates the Government to issue an award. The Government will not be responsible for any costs incurred by responding to this RFQ.

4.3 QUOTATION PREPARATION INSTRUCTIONS

4.3.1 Technical/Price Quote

The offeror shall submit a quote that provides the technical requirements included in the Requirements (Section 2), with a pricing structure in accordance with Section 1.2. The offer must state what products and/or services are specific to Schneider Electric and if it is an authorized reseller. The quote must include information that clearly identifies that the offered items meet the BSEE’s requirements. The quote shall state that the offer is valid for 30 days.

Offeror shall provide option year pricing if available.

4.3.2 Assumptions, Conditions, and/or Exceptions

Offerors shall highlight any assumptions, conditions, or exceptions to clauses or provisions or requirements that conflict with their quote. This information will be reviewed by the Government. Any terms and conditions that are considered unacceptable by the Government and cannot be resolved may result in the Offeror being removed from consideration. Conflicting provisions will be considered as exceptions to the terms and conditions of this RFQ. Any exception taken to the terms and conditions of the solicitation may adversely impact its evaluation rating. If assumptions, conditions, or exceptions are not noted in a separately titled section of your quote, it will be assumed that the Offeror proposes no assumptions, and agrees to comply with all of the terms and conditions as set forth herein in this RFQ. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the Offeror’s quote.

4.6 FEDERAL ACQUSITION REGULATIONS (FAR)

4.6.1 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 address:

https://www.acquisition.gov/browse/index/far.

The following provisions are included by Reference:

FAR Clause Title Date

52.212-1 Instructions to Offerors—Commercial Products Sep 2023 and Commercial Services 52.204-7 System for Award Management Oct 2018 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.203-18 Prohibition on Contracting with Entities that Jan 2017 Require Certain Internal Confidentiality Agreements or Statements – Representation 52.204-24 Representation Regarding Certain Telecommunications and Nov 2021 Video Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Oct 2020 Services-Representation 52.209-11 Representation by Corporations Regarding Delinquent Tax Feb 2016 Liability or a Felony Conviction under any Federal Law 52.225-25 Prohibition on Contracting with Entities Engaging in Jun 2020 Certain Activities or Transactions Relating to Iran- Representation and Certifications.

4.6.2 FAR CLAUSES INCLUDED IN FULL TEXT

The following clauses are included in Full Text as required by the Federal Acquisition Regulations (FAR).

FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL ITEMS (Sep 2023)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision. See Attachment 1.

SECTION 5

EVALUATION OF QUOTATIONS

5.1 BASIS FOR AWARD

Award shall be made to the responsible offeror whose quotation, in conforming to this RFQ, provides the Lowest Price Technically Acceptable (LPTA) offer to the Government. The evaluation shall be performed on the basis of the lowest evaluated price of quotes, meeting or exceeding the acceptability standards for non-cost factors. The LPTA source selection process shall not involve tradeoffs between technical and cost details. Quotation/s received will be evaluated for acceptability or unacceptability, but not ranked using the non-cost/price factors.

The Government will first evaluate the total proposed prices. Thereafter, the Government will evaluate the non-price factors of the two lowest overall priced quotes. If the lowest priced contractor’s quote is determined to be rated as Acceptable, the Government may make award to that contractor without further evaluation of the remaining quotes. If the lowest price quote is determined to be rated Unacceptable, then the Government may evaluate the next lowest price quote, and so forth and so on, until the Government reaches the lowest price quote that is determined to be rated as Acceptable. The Government reserves the right to evaluate all quotes should it be desired or determined to be in the best interest of the Government.

The Government anticipates awarding a base year and four 12-month option periods. However, the Government reserves the right to award no options, all options or some of the options.

The Government reserves the right not to make an award as a result of this competition if, in the opinion of the Government, none of the submissions would provide satisfactory performance at a price that is considered fair and reasonable.

The Government will evaluate offers on the basis of information furnished by the offeror and shall not be responsible for locating or obtaining any information not identified in the offer.

5.2 FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov

2021)

(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. The following factors shall be used to evaluate offers: Lowest price technically acceptability.

Technical acceptability will be determined by determining whether the offered items meet or exceed all requirements in Section 2.

(b) 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).

(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 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)

5.3 AWARD WITHOUT COMMUNICATIONS OR CLARIFICATIONS

The Government reserves the right to award without communications or clarifications, so it is in the best interest of each Contractor to include their most favorable terms in the initial submission. However, the Government reserves the right to conduct communications or clarification and to permit offerors to revise their submissions.

Any exceptions or deviations by the offeror to the terms and conditions stated in this RFQ for inclusion in the resulting award may make the Quote unacceptable for award with or without communications or clarifications.

ATTACHMENT 1

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live…