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1031108358

PROJECT LOCATION IS AS FOLLOWS:

UNICOR, Federal Prison Industries, Inc.

Central Office

400 1st Street NW

Washington, DC 20534

Solicitation is issued as one time buy firm fixed price type contract.

Solicitation is unrestricted.

Questions pertaining to this solicitiation will only be addressed in writing via email to

Joshua.hassler2@usdoj.gov. No Phone Calls. Deadline for questions is May 10, 2024 at 10:00AM EST.

All questions/ answers will be posted at sam.gov via an amendment prior to bid closing.

UNICOR’s delivery is 28 days or sooner after issuance of task order. Vendors are required to provide their best delivery time and installation time for evaluation, and delivery schedule will be established at time of award.

Task order will be issued in accordance with 52.216-19.

Vendor shall submit signed and dated offers by email to: Joshua.hassler2@usdoj.gov. Due to security considerations, do not send offers via US Mail.

Offers shall be submitted on the SF1449. OMB Clearance 1103-0018.

The date and time for receipt of proposals is May 17, 2024 at 10AM EST. Offer must indicate solicitation No.

SV0150-24, time specified for receipt of offer, name, address, and telephone number of offeror, technical description of items being offered in sufficient detail to evaluate compliance and provide technical details of the installation of required items. Also must include terms of any warranty, price, and discount terms. Offer must include acknowledgement (signed SF30) of all amendments, if any.

Site visit is required to be considered for award.

Site visit will be Tuesday May 7, 2024 at 8:00AM EST.

Location will be UNICOR –

400 1st Street NW

Washington, DC 20534

Must provide the following information to David Smith at david.smith18@usdoj.gov by 1:00PM EST on

May 3, 2024 to be cleared for entry into UNICOR building:

Name of Person attending site visit, Name of Company, and phone #.

*Only 1 person per company will be permitted and must follow previous directions.

The following is information is required to be completed by the offeror.

SAM Unique Entity Number: ______________________________________________________

Vendor’s Point of Contact: ________________________________________________________

Vendor’s Telephone/ Fax #: _______________________________________________________

Vendor’s Email Address: __________________________________________________________

Vendor’s Business Size: ___________________________________________________________

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System Award Management) prior to award, during performance and through final payment of any contract resulting from this solicitation.

_______________________________________________ Signature mailto:Joshua.hassler2@usdoj.gov

The administrative Contracting Officer is Josh Hassler at Joshua.hassler2@usdoj.gov.

PART I: Information

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is SV0150-24 and this solicitation is issued as a Request For Quotes (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular 2024-04. The North American Industry Classification System code is 238210. This requirement is unrestricted. UNICOR, Federal Prison Industries, Inc. intends to enter into a firm fixed price contract for the following items:

SEE SECTION B FOR LIST OF GOODS/SERVICES.

NOTICE TO GOVERNMENT WHEN CONTRACTOR(S) DELAYS:

In the event the contractor(s) encounter difficulty in meeting performance requirements, or when there is an anticipated difficulty in complying with the delivery terms or completion dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely delivery/performance of this contract, the contractor must immediately notify the Field Administrative

Contracting Officers at UNICOR Central Office with pertinent details. This information will not be construed as a waiver by the Government of the required delivery schedule, or the Governments rights to impose consideration against delinquencies or other remedies provided by this contract.

BEST COMMERCIAL CUSTOMER CATEGORY:

Contractor agrees that FPI is in the category of the most favored or best commercial customer category of the

Contractor and as such, the Contractor will:

During the contract period, the Contractor shall report to the Contracting Officer all price reductions offered to the category of customers that are considered by the Contractor to be their most favored or best commercial customer.

1. A price reduction shall apply to purchases under this contract if, after the award date, the Contractor-

i) Revises downward its commercial catalog, price list, schedule, etc., to its best commercial customers

(or category of customers) below the awarded price under this contract;

ii) Grants more favorable discounts or terms and conditions to its best commercial customers than those contained in this contract that would result in prices below the awarded price under this contract, an/or

iii) Grants special discounts to its best commercial customer (or category of customers) that would result in prices lower than the awarded price under this contract.

2. The Contractor shall offer the price reduction to FPI with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers).

The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period.

The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after its effective date.

CONTRACTOR’S RESPONSIBILITY: It is the responsibility of the Contractor to follow any Special

Security Requirements of the facility where the work is performed in the performance of the contract and to consider the effects of those security requirements in the pricing of the proposal.

DEPARTMENT OF JUSTICE CONTRACTOR RESIDENCY REQUIREMENT

For three of the five years immediately prior to submission of your offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services to any Federal Bureau of Prisons facility must have:

1. legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries:

http://www.opm.gov/employ/html/citizen.htm

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

INVOICES ARE TO BE MAILED TO:

UNICOR, Federal Prison Industries

Central Accounts Payable

P.O. Box 11849

Lexington, KY 40578-1849

ATTN: Chief of Vendor Services

PH: 1-800-827-3168

Or

INVOICES ARE TO BE EMAILED TO:

Accounts.payable@usdoj.gov

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Page | 1

Statement of Work

Department of Justice

400 First Street, NW

Washington, DC 20534

Page | 2

1.0 Background/ Introduction

1.1 Background

The Federal Prison Industries program (now operating under the trade name UNICOR) was established in 1934 by an Executive Order issued by President Franklin D. Roosevelt. On January 1, 1935, FPI officially began operations as a wholly-owned corporation of the United States Government. More than eighty-seven years after its establishment, the program continues to operate at no cost to taxpayers and benefits communities across the Nation creating safer prisons and reducing inmate recidivism. The mission of Federal Prison

Industries, Inc. (FPI) is to protect society and reduce crime by preparing inmates with job training and practical work skills for reentry success. UNICOR restores lives by being a thriving corrections program that provides marketable skills and qualifications for inmates to succeed as productive citizens in our communities. We are a diverse, team-based organization where collaboration and respect for the capabilities of all staff and inmates is valued through work that is fulfilling. We deliver a competitive advantage in quality, on-time delivery, service, and cost in an innovative and safe environment that makes us the preferred supplier to our customers. UNICOR has strategic goals: - Maintain and develop meaningful work and job training opportunities to prepare inmates to become law-abiding citizens; – Ensure the corporation remains financially self-sustaining; – Prepare our staff to assume positions of greater responsibility by providing quality training and developmental opportunities.

1.2 Objective

Federal Prison Industries (UNICOR) is seeking to enter into an agreement with private sector companies to provide eight (8) Trane Self-Contained Units or SCUs (or equivalent) and installation at 400 1st

St NW, Washington DC 20534 federal building.

1.3 Scope

The scope and purpose of this contract is to provide 8 SCUs and complete installation for requirement for UNICOR – Central Office Building to sustain form-fit-function, safety and environmental standards, and overall maintenance.

T96J01111, T96K01214, T96K01221, T96K01190, T96J01109, T96J01112, T96J01113, T06J01114

Installation will include but not limited to:

• Lock out and tag out units for upgrade.

• Disconnect and remove the obsolete control panel components.

• Supply and install Trane UC600 Controls, modules, relays, actuators, etc.

• Properly wire up the new controls.

• Program the controls for proper operation.

• Check all safeties in the run command.

• Start up and check the operation.

• Clean up any debris created during this process.

• Work will be performed on the weekend so not to interrupt daily functions

1.4 Contractor Management

Contractor providing SCUs and installation service under this contract will be directed by the COR

David Smith.

1.5 Contract Performance

Page | 3

1.5.1. Period of Performance – Best lead time and install time will be provided in proposal. Times will be used as an evaluation factor.

Estimated time frame:

3 Week Lead Time of SCUs

1 Week for Installation

1.5.2 Place of Performance

Delivery and installation will be accomplished at the Federal Prison Industries (UNICOR) – Central

Office Bldg. located at 400 1st Street NW, Washington, DC 20534.

2.0 Contract Requirements

2.1 Access Hours

Normal working hours at UNICOR – Central Office are 6:00am – 2:30pm EST, Monday through

Friday, off on Federal Holidays. Work hours may change based on the work/ project.

2.2 Federal Holidays

Contractor shall not be required to work on the following Federal holidays when the post will be closed.

When such holidays fall on a Saturday, the preceding Friday is considered a holiday. When such holidays fall on a Sunday, the following Monday is considered a holiday.

New Year’s Day 1 January*

Martin Luther King's Birthday 3rd Monday in January

Washington's Birthday 3rd Monday in February

Memorial Day Last Monday in May

Juneteenth June 19th*

Independence Day 4 July*

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veteran's Day 11 November*

Thanksgiving Day 4th Thursday in November

Christmas Day 25 December*

* Holidays that are not designated as a firm day may not necessarily be observed on the date shown.

2.3 Worksite Appearance and Security

The Contractor shall maintain the worksite such that debris and trash is consistently removed and properly disposed. The Contractor shall ensure this is done by daily cleanups at the end of the work day. The

Contractor shall ensure that the building’s exterior doors and windows are always clear of debris to allow access to the building interior.

2.4 Job Conditions

No illegal aliens are permitted on any federal property. All contractor and subcontractor employees working on a Government facility shall be a U.S. citizen and able to provide one forms of valid U.S.

Page | 4 identification as proof of citizenship (e.g., Certificate of Birth, passport, or driver’s license). There are no exceptions for this requirement.

2.5 Safety

Facility Operating Specialist will develop safety plan to review with contract employees. This plan shall discourage unsafe acts, foster accident prevention, and comply with safety regulations, the Occupational Safety and Health Act (OSHA), and UNICOR safety regulations.

2.5.1 Accident Prevention

The contractor shall follow Accident Prevention processes as prescribed in the Federal Acquisition

Regulation (FAR) clause 52.236-13, Accident Prevention.

The contractor shall also follow Alternate I of FAR Clause 52.236-13. Where Alternate I of FAR Clause

52.236-13 is applicable, contractors will provide their written Accident Prevention Plan to the C5ISR Safety

Center prior to beginning work. This plan shall include an analysis of the significant hazards to life, limb, and property inherent in the contract work performance and a plan for controlling these hazards.

2.5.2. Safety Standards

Contractors are responsible for the protection of their employees IAW 29 Code of Federal Regulations

CFR 1910, 29 CFR 1925, and 29 CFR 1926.

The contractor and all associated sub-contractors shall comply with applicable federal, state, and local safety occupational health and environmental rules, laws, and regulations, as well as additional specific requirements invoked by contract.

Contractors will not expose Government employees, equipment, or facilities to hazards because of Contractor’s operations.

Contractors will apply Occupational Safety and Health Administration (OSHA) and other non-Department of

Army regulatory or consensus safety and health standards to military unique equipment, systems, operations, or workplaces, in whole or in part, insofar as practicable.

Contractors shall immediately notify the COR of any accident, incident or exposure resulting in a fatality, lost-time occupational injury, illness, contamination of property, property damage or loss resulting from work performed under the contract.

3.0 Evaluation

Award will be issued on best value to the government. Evaluation factors are past performance/ experience, technical evaluation, lead/install times, and price.

Past performance will be evaluated based on business management questionnaire, and CPARS. Must have 2

Years of Federal Government experience. Experience will be rated – GO or NO-GO.

Technical Evaluation –SCU specifications, and installation plan and specifications.

Lead/install times – provide best lead time, and best install time frame.

Price

PART II: Clauses

52.204-9, Personnel ID Verification of Contractor Personnel

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (NOV 2021)

52.212-4, Contract Terms and Conditions - Commercial Items. (DEC 2022)

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 (DEC 2023) (Section 1634 of Pub. L. 115-91).

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).

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

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

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

52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78

( 19 U.S.C. 3805 note)).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282)

(31 U.S.C. 6101 note)

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101note).

52.219-28, Post Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).

52.222-3, Convict Labor

52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024)

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

52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

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

52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification (MAY 2014) a) The offeror shall check the following certification:

a) The offeror shall check the following certification:

The offeror □ does □ does not certify that-

(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;

(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.

(i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.

(ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and https://www.acquisition.gov/content/52204-10-reporting-executive-compensation-and-first-tier-subcontract-awards#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52209-6-protecting-government’s-interest-when-subcontracting-contractors-debarred-suspended-or-proposed-debarment#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52219-28-post-award-small-business-program-rerepresentation#i1057874 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52222-3-convict-labor#i1055332 https://www.acquisition.gov/content/52222-19-child-labor-cooperation-authorities-and-remedies#i1055664 https://www.acquisition.gov/content/52222-21-prohibition-segregated-facilities#i1055713 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-35-equal-opportunity-veterans#i1056230 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/52222-36-equal-opportunity-workers-disabilities#i1056250 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/content/52222-37-employment-reports-veterans#i1056265 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim

(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with

FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute-

(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or

(2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract

Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis.

(c) If the offeror does not certify to the conditions in paragraph (a) of this provision-

(1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this offeror; and

(2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.

(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

(End of provision)

52.222-50, Combating Trafficking in Persons (NOV 2021) (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

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (May 2014)

52.222-54, Employment Eligibility Verification (May 2022)

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022)

52.224-3, Privacy Training (Jan 2017)

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

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).

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332)

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

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

52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

117-328).

52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) https://www.acquisition.gov/far/22.1003-4#FAR_22_1003_4 https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 https://www.acquisition.gov/content/52222-50-combating-trafficking-persons#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52223-18-encouraging-contractor-policies-ban-text-messaging-while-driving#i1053316 https://www.acquisition.gov/content/52225-13-restrictions-certain-foreign-purchases#i1054249 https://www.acquisition.gov/content/52232-33-payment-electronic-funds-transfer-system-award-management#i1050674 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/content/52232-36-payment-third-party#i1050789 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun

2016)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.247-34, F.O.B. Destination, (NOV 1991) delivery shall be FOB destination to UNICOR52.252-2 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):

___________www.acquisition.gov__________________

JAR 2852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (JAN 1985)

(a) David Smith, @david.smith18@usdoj.gov, is hereby designated to act as Contracting Officer's

Representative (COR) under this contract. (b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes in writing and signed.

2852.233-70 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE

(JAN 1998)

(a) The following definitions apply in this provision:

(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.

(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official.

(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

(b) A protest filed directly with the Department of Justice must:

(1) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the

Contracting Officer or the Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The

Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.

(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of

Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest.

(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR

33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.

(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.

PART III: Provisions

52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (NOV 2021)

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 Products or Commercial Services. 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 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ 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.

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) https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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. -

52.212-1, Instructions to Offerors – Commercial Items (SEP 2023)

52.212-2, Evaluation - Commercial Items (OCT 2014), significant evaluation factors are past performance, technical factors, lead/install times, and price. Award will be made on best value to government agency.

Evaluation factors are listed in order of importance:

Past performance - will be evaluated based on business management questionnaire, and CPARS. Experience will be part of past performance. Must have 2 Years of Federal Government experience. *Experience will be rated – GO or NO-GO.

Technical Evaluation –SCU controller specifications, and installation plan and specifications.

Lead/install times – provide best lead time, and best install time frame.

Price

52.212-3, Offeror Representations and Certifications - Commercial Items. (FEB 2024)

In accordance with FAR 4.1201(a), prospective contractors shall complete electronic annual representations and certifications at the System for Award Management (SAM) website (https://www.sam.gov) If an offeror has not completed the annual representations and certifications electronically at the System for Award Management

(SAM) website, the offeror shall complete only paragraphs (c) through (u) of this provision. (b) Prospective contractors shall update the representations and certifications submitted to SAM.gov as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to SAM.gov. To make a change that affects only one solicitation, contractors are required to complete the appropriate sections of FAR 52.212-3(j) or 52.204-8, whichever is included in the solicitation.

52.217-5 Evaluation of Options (JULY 1990)

52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Certification (May 2014)

52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activity Relating to Iran –

Certification (AUG 2018)

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):

_______www.acquisition.gov_____________________

PART IV: Submission Requirements

Each proposal package shall consist of the following completed and signed documents: SF1449, all amendments issued, three Business Management Questionnaires of recent and relevant contracts for the same or similar items in accordance with FAR 52.212-1(b)(10) for past performance evaluation.

The date and time for receipt of proposals is May 17, 2024 at 10:00AM EST. Offer must indicate Solicitation

No. SV0150-24, time specified for receipt of offer, name, address and telephone number of offeror, technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Offeror must ensure all SAM documentation is completed and current, Representations and Certifications FAR 52.212-3, and include acknowledgment of all amendments, if issued.

Any amendments issued to this solicitation shall be synopsized in the same manner as this solicitation and must be acknowledged (signed) by each offeror. Offeror must hold prices firm for 60 calendar days from the date specified for receipt of offers. Offers or modifications to offers received at the address specified for the receipt of offers after the exact time specified may not be considered.

Questions regarding this requirement may be addressed in writing to joshua.hassler2@usdoj.gov . Deadline for questions is May 10, 2024 at 10:00AM EST. All FAR forms, clauses and provisions necessary to submit an offer may be accessed at the following web site: http://acquisition.gov/far. This combined synopsis/solicitation and necessary forms are available on web site: http://www.fbo.gov.

mailto:joshua.hassler2@usdoj.gov