2.04 RFP_Solicitation 06302023.pdf

SEE ADDENDUM

(No Collect Calls)

N0024423Q0126 30-Jun-2023

b. TELEPHONE NUMBER

619-556-5361

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 15 Jul 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N002449. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JHEANNA U. POBLETE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N0024223RC00FF1

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVSUP FLC SAN DIEGO

REGIONAL CONTRACTS (CODE 200)

3985 CUMMINGS ROAD

BUILDING 116 - 3RD FLOOR

SAN DIEGO CA 92136-4200

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N00242 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

COMMANDER NAVY REGION SOUTHWEST

JOELLE SAWH

SEE SECTION "F" FOR

SPECIFIC DELIVERY INFO

WITHIN AS SPECIFIED

TEL: 619-705-5334 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,500,000

NAICS:

811310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF88

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 263 Each

PREVENTATIVE MAINTENANCE - EXTINGUISHERS

FFP

PM FOR HALOTRON FIRE EXTINGUISHERS

BASE YEAR: 1 YEAR (12 MONTHS)

REFER TO PERFORMANCE WORK STATEMENT.

FOB: Destination

MILSTRIP: N0024223RC00FF1

PURCHASE REQUEST NUMBER: N0024223RC00FF1

PSC CD: J042

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CORRECTIVE MAINTENANCE - EXTINGUISHERS

T&M

CM FOR HALOTRON FIRE EXTINGUISHERS

SEE PERFORMANCE WORK STATEMENT

MILSTRIP: N0024223RC00FF1

TOT ESTIMATED PRICE

CEILING PRICE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002AA 44 Labor

Hours

CORRECTIVE MAINTENANCE REPAIRS - LABOR

FFP

PLEASE REFER TO PERFORMANCE WORK STATEMENT.

The Contractor shall provide the fixed-hourly rates for corrective maintenance repairs. Labor rate shall include all costs other than materials, such as travel time, overhead, equipment, and profit.

QUANTITIES ARE ESTIMATES; THE GOVERNMENT WILL PAY ONLY

FOR HOURS ACTUALLY ORDERED. The contractor shall provide personnel, management, and other items and services not Government-furnished, necessary to perform corrective maintenance repairs.

FOB: Destination

MILSTRIP: N0024223RC00FF1

PSC CD: J042

NET AMT

0002AB 12 Months

MATERIALS - CM PARTS

FFP

NTE AMOUNT $71,100.00

The Contractor will be reimbursed for the cost of repair parts (e.g., gauges and hoses) used for corrective maintenance. *AS-NEEDED ONLY – CONTACT COR FIRST. The offeror shall not propose a price for CLINs 0002AB and 1002AB.

NOTES:

(A) ONLY BRAND NEW PARTS SHALL BE USED. USE OF

OTHERTHAN BRAND- NEW CONDITION PARTS HAVE TO BE

APPROVED BY THE COR. Materials shall be of at least equivalent material, strength, and design, as specified by the manufacturer.

(B) THE CONTRACTOR WILL BE REIMBURSED FOR THE

ACTUALCOST OF REPAIR PARTS DEEMED “FAIR AND REASONABLE”

BY THE COR.

(C) REPAIR PARTS COST REIMBURSEMENT IS SUBJECT TO

PCOAPPROVAL IF PRICE VERIFIED BY COR IS MORE THAN 5% OF

PREVAILING MARKET PRICE.

(D) ITEMIZED RECEIPTS/INVOICES SHALL BE PROVIDED

FORREIMBURSABLE PARTS.

2. TRAVEL. TRAVEL COST SHALL INCLUDE ONLY COSTS

CLEARLY EXCLUDED FROM THE LABOR-HOUR RATE. IT SHALL ALSO

BE LIMITED TO JOINT TRAVEL REGULATIONS POLICIES TO INCLUDE

THE “12 HOUR RULE” (JTR 020309 01 APR 2023). I.E.

PERDIEM

IS NOT PAYABLE FOR “TRAVEL OF 12 OR FEWER HOURS.” ALL

CONTRACTOR TRAVELS FOR CM PERFORMANCE SHALL BE FOR 12 OR

FEWER HOURS, AND OVERNIGHT STAY IS NOT AUTHORIZED.

TRAVEL RATE IS $ USD PER TRIP.

3. INVOICING. ALL INVOICES SHALL BE SUBMITTED

MONTHLYVIA WIDE AREA WORK FLOW (WAWF)- SEE DFARS CLAUSE

252.232-7006.

FOB: Destination

0002AC 6,500 Pound

MATERIALS - HALOTRON RECHARGE

FFP

QUANTITIES ARE ESTIMATES; THE GOVERNMENT WILL PAY ONLY

FOR MATERIALS ACTUALLY ORDERED

Chemical by weight:Halotron Chemical, marked by the pound.(65 lb Wheeled Halotron Extinguishers) Recharge agent shall be Halotron I only. Halon 1301, Halotron II or Halotron VRX shall not be used inside a Halotron I cylinder.

FOB: Destination

1001 406 Each

OPTION PREVENTATIVE MAINTENANCE - EXTINGUISHERS

FFP

PM FOR HALOTRON FIRE EXTINGUISHERS

OPTION YEAR: 1 YEAR (12 MONTHS START AFTER END OF BASE YEAR)

REFER TO PERFORMANCE WORK STATEMENT.

FOB: Destination

PURCHASE REQUEST NUMBER: N0024223RC00FF1

OPTION CORRECTIVE MAINTENANCE - HALOTRON

T&M

REFER TO PERFORMANCE WORK STATEMENT.

TOT ESTIMATED PRICE

CEILING PRICE

1002AA 68 Labor

Hours

OPTION CORRECTIVE MAINTENANCE REPAIRS - LABOR

FFP

PLEASE REFER TO PERFORMANCE WORK STATEMENT.

The Contractor shall provide the fixed-hourly rates for corrective maintenance repairs. Labor rate shall include all costs other than materials, such as travel time, overhead, equipment, and profit.

QUANTITIES ARE ESTIMATES; THE GOVERNMENT WILL PAY ONLY

FOR HOURS ACTUALLY ORDERED. The contractor shall provide personnel, management, and other items and services not Government-furnished, necessary to perform corrective maintenance repairs.

1002AB 12 Months

OPTION MATERIALS - CM PARTS

FFP

NTE AMOUNT $ 109,800.00.

The Contractor will be reimbursed for the cost of repair parts (e.g., gauges and hoses) used for corrective maintenance. *AS-NEEDED ONLY – CONTACT COR FIRST. The offeror shall not propose a price for CLINs 0002AB and 1002AB.

NOTES:

(A) ONLY BRAND NEW PARTS SHALL BE USED. USE OF

OTHERTHAN BRAND- NEW CONDITION PARTS HAVE TO BE

APPROVED BY THE COR. Materials shall be of at least equivalent material, strength, and design, as specified by the manufacturer.

(B) THE CONTRACTOR WILL BE REIMBURSED FOR THE

ACTUALCOST OF REPAIR PARTS DEEMED “FAIR AND REASONABLE”

BY THE COR.

(C) REPAIR PARTS COST REIMBURSEMENT IS SUBJECT TO

PCOAPPROVAL IF PRICE VERIFIED BY COR IS MORE THAN 5% OF

PREVAILING MARKET PRICE.

(D) ITEMIZED RECEIPTS/INVOICES SHALL BE PROVIDED

FORREIMBURSABLE PARTS.

2. TRAVEL. TRAVEL COST SHALL INCLUDE ONLY COSTS

CLEARLY EXCLUDED FROM THE LABOR-HOUR RATE. IT SHALL ALSO

BE LIMITED TO JOINT TRAVEL REGULATIONS POLICIES TO INCLUDE

THE “12 HOUR RULE” (JTR 020309 01 APR 2023). I.E.

PERDIEM

IS NOT PAYABLE FOR “TRAVEL OF 12 OR FEWER HOURS.” ALL

CONTRACTOR TRAVELS FOR CM PERFORMANCE SHALL BE FOR 12 OR

FEWER HOURS, AND OVERNIGHT STAY IS NOT AUTHORIZED.

TRAVEL RATE IS $ USD PER TRIP.

3. INVOICING. ALL INVOICES SHALL BE SUBMITTED

MONTHLYVIA WIDE AREA WORK FLOW (WAWF)- SEE DFARS CLAUSE

252.232-7006.

1002AC 13,000 Pound

OPTION MATERIALS, HALOTRON RECHARGE

FFP

QUANTITIES ARE ESTIMATES; THE GOVERNMENT WILL PAY ONLY

FOR MATERIALS ACTUALLY ORDERED

Chemical by weight:Halotron Chemical, marked by the pound.(65 lb Wheeled Halotron Extinguishers) Recharge agent shall be Halotron I only. Halon 1301, Halotron II or Halotron VRX shall not be used inside a Halotron I cylinder

FOB: Destination

PSC CD: J042

NET AMT

PERFORMANCE WORK STATEMENT

FY23 FIRE & EMERGENCY SERVICES (F&ES)

WHEELED HALOTRON FIRE EXTINGUISHER

SIX YEAR INTERNAL MAINTENANCE, REFILL AND SERVICING CONTRACT

STATEMENT OF WORK

1.0 BACKGROUND

1.1 Flight-line wheeled fire extinguishers are the first line of defense in protecting Navy assets required by NAVAIR 00-80R-14 NATOPS Aircraft Firefighting & Rescue Manual. Internal maintenance and hydrostatic testing is required for compliance with current National Fire Protection Association (NFPA) Standard 10, for Portable Fire Extinguishers and the AMEREX manufacturer’s manual. Failure to meet these requirements could result in catastrophic loss of life & property and will impact the Navy's mission.

1.2 This non-personal service contract satisfies the mandatory 6-year internal maintenance and hydrostatic testing with chemical removal and refill service required for all of the AMEREX model 673, 65-LB. (4A:80BC) HALOTRON Wheeled Flight-line Fire Extinguishers in Navy Region Southwest. This contract includes the ability to perform Corrective Maintenance (CM) while the maintenance is performed.

1.3 The timing for servicing the cylinders is based on the original delivery schedule to the installations from 2018 to 2019, beginning with NAS El Centro & NAS Lemoore. The remainder of the installations, Navy Base Ventura County, NAS Fallon, Navy Base Coronado & NAWS China Lake, will be completed in Option Year 1 of the contract.

2.0 SCOPE

2.1 Contractor will provide required maintenance, repairs, part replacement for HALOTRON fire extinguishers below, in accordance with National Fire Protection Association (NFPA) Standards.

3.0 APPLICABLE DOCUMENTATION

3.1 National Fire Protection Association, Standard for Portable Fire Extinguishers (2022 edition)

3.2 Manufacturers Service Manuals (Amerex)

3.3 Applicable State Fire Marshal License

3.4 U.S. Department of Transportation (DOT) regulation CFR 49, Subpart G

3.5 Navy Instruction OPNAVINST 3960.16A

3.6 NAVAIR 00-80R-14 NATOPS Aircraft Firefighting & Rescue Manual

4.0 SPECIFIC TASKS

4.1 MAINTENANCE:

The Contractor shall provide all, tools, supplies, equipment and labor necessary to conduct the following:

4.1.1 Six year internal maintenance and hydrostatic testing with chemical removal and refill for the 65 LBS (4A:80BC) HALOTRON Cylinders

4.1.2 All wheeled units shall be returned to the respective installation from where they were removed.

4.1.3 All work shall include transportation pick-up and delivery for servicing

4.1.4 Contractor shall comply with Federal, State and local laws, rules, and regulations that will ensure their serviceability and prevent deterioration in value or effectiveness.

4.1.5 NO MORE THAN 8 UNITS MAY BE REMOVED FROM AN INSTALLATION AT ONE TIME. (See section 4.2 for scheduling)

4.1.6 The Contractor shall provide a draft plan of actions and milestones (POA&M) with its proposal for Government review. The POA&M shall allow enough time for completion of services at all locations prior to end of contract year to ensure adequate time for return of extinguishers being serviced. The Government retains the right to establish the final approved schedule.

4.1.7Pick up and drop off shall be scheduled one week in advance with the Installation Fire & Emergency Service Point-of-contact at each location and will be during normal operating hours

4.1.8 Delivery of fully serviced wheeled extinguishers shall be delivered to the respective Installation within 20 days from the original pick-up date or date acceptable to the Installation Fire & Emergency Service POC.

4.1.9 Pick-up and drop-off shall be scheduled at a minimum one week in advance with the Installation Fire & Emergency Service Point-of-contact at each location and will be during normal operating hours

4.1.10 Additional Chemical shall only be added as needed to “top off” cylinders or to refill the cylinder in the event there has been damage of some kind to the cylinder *AS-NEEDED ONLY – CONTACT COR FIRST

4.1.11 Contractor shall contact COR BEFORE additional chemical is added to the units and provide quantities, cost and nomenclature for the cylinder in question.

4.1.12 Hose and Gauge Replacement Service for Wheeled Units shall only be required after discharge or failure.

*AS-NEEDED ONLY – CONTACT COR FIRST

4.1.13 Contractor shall contact COR BEFORE corrective maintenance is performed to the units and provide services required, cost and nomenclature for the cylinder in question.

4.2 Maximum number of wheeled units removed from each installation will not exceed the quantities listed below:

4.2.1 PREVENTATIVE MAINTENANCE

BASE YEAR:

TOTAL EXTINGUISHER QTY - BY LOCATION:

NAS El Centro - 63 NAS Lemoore – 200

ESTIMATED TRIPS REQUIRED:

(8) NAS El Centro - El Centro, CA

(25) NAS Lemoore - Lemoore, CA

OPYR 1:

TOTAL EXTINGUISHER QTY - BY LOCATION:

Navy Base Ventura County - 75 NAS Fallon – 115 Navy Base Coronado - 160 NAWS China Lake – 56

ESTIMATED TRANSPORT TRIPS:

(15) Navy Base Ventura County - Ventura, CA

(6) NAS Fallon - Fallon, NV

(32) Navy Base Coronado - Coronado, CA

(11) NAWS China Lake - Ridgecrest, CA

4.2.2 CORRECTIVE MAINTENANCE ESTIMATES

Table 1 – Estimate Labor Hours Per year

YEAR CM Estimated Labor Hours

BASE YEAR 44

OPTION YEAR 1 68

Table 2– Estimate Repair Parts Cost per Year per Year (Ceiling Price)

YEAR CM Repair Parts NTE AMT

BASE YEAR $71,100.00

OPTION YEAR 1 $109,800.00

Table 3– Estimate Halotron Recharge per Year (lbs)

YEAR CM Halotron Recharge (lbs)

BASE YEAR 6,500

OPTION YEAR 1 13,000

4.3 FIRE EXTINGUISHER RECHARGE: Fire extinguishers shall be properly recharged in accordance with NFPA 10 and the manufacturer’s service instructions. The replacement of extinguisher agent also includes the agent expellant for extinguishers. No agent shall be expelled into the atmosphere and shall use a certified recovery system to refill agent. Recharge agent shall be Halotron I only. Halon 1301, Halotron II or Halotron VRX shall not be used inside a Halotron I cylinder. Halotron I cylinders are not designed to hold anything other than we is specified.

4.4 LABELING: (NFPA 10, Chap 7, 8)

The Contractor shall replace fire extinguisher identification labels, classification symbols, product inspection stickers/plates/decals and other required information labeling if the originals are damaged or missing. Labeling shall be in accordance with NFPA 10, t h e manufacturer’s specifications and respective installation numbering system. If painting of exterior is needed, the respective installation designation identification will mirror existing design.

4.5 HYDROSTATIC TESTING: (NFPA 10, Chap 7, 8) Every 6 years, stored-pressure fire extinguishers that require a 12-year hydrostatic test shall be emptied and subjected to the applicable internal and external examination procedures as detailed in the manufacturer’s service manual and this standard. When required, the Contractor shall hydrostatically test extinguishers as specified in NFPA 10 and the manufacturer's instructions. The Contractor shall identify pertinent information (sticker, stamp etc.) on extinguisher with test completion date IAW NFPA 10.

Extinguishers that fail the hydrostatic test or are not serviceable shall be identified, recorded and disposed of by the Contractor.

4.6SIX-YEAR MAINTENANCE: (NFPA 10, Chap 7, 8) The Contractor shall perform overhaul maintenance in accordance with the manufacturer’s requirements for each type extinguisher. Internal maintenance shall be identified by the Verification of Service Collar. Any extinguishers that fail the maintenance requirements or exceed the individual unit contract price shall be identified, recorded on the service invoice for that installation and immediate notification to the installation POC for decision on disposal of a unit. Disposal, if approved by installation POC, will be completed by the Contractor.

5.0 PLACE OF PERFORMANCE

Contract requirements for the pick-up and drop-off of all wheeled fire extinguishers will be at a central location on each installation listed below. The Contractor shall provide a draft plan of actions and milestones (POA&M) with its proposal for Government review. The POA&M shall allow enough time for completion of services at all locations prior to end of contract year to ensure adequate time for return of extinguishers being serviced. The

Government retains the right to establish the final approved schedule.

5.1 Naval Air Station Fallon, Building 18, 4th Street, Fallon, NV 89496

5.2 Naval Base Coronado, Bldg. 792, Hanger Rd, Coronado, CA 92135

5.3 Naval Air Station Lemoore, 767 Franklin Ave. NAS Lemoore CA 93246

5.4 Naval Air Station El Centro, 137 A Street, El Centro, CA 92243

5.5 Naval Weapons Station China Lake, Bldg. 02473, MS1306, 1 Administration Circle, China Lake, CA 93555-6100

5.6 Naval Base Ventura County, 391 Ronald Reagan, Point Mugu CA 93042

6.0 PERIOD OF PERFORMANCE

BASE: 1 Year (12 months) OPYR 1: 1 Year (12 months)

7.0 DELIVERABLES

7.1 The Contractor shall provide a draft plan of actions and milestones (POA&M) with its proposal to the COR and TPOC (SEC 13.0) for Government review. The POA&M shall allow enough time for completion of services at all locations prior to end of contract year to ensure adequate time for return of extinguishers being serviced. The Government retains the right to establish the final approved schedule.

7.2 The following shall be provided to the Installation Fire Chief, COR and TPOC during and/or within 7 calendar days after each installation’s service visit:

7.2.1 During the service visit, cylinders requiring Corrective Maintenance shall be tagged out and the COR notified of corrective services required and the cost to perform these services prior to work being performed.

7.2.2 ALL corrective actions for each cylinder shall be identified on the work order summary

7.2.3 A work order summary of services shall be completed and submitted in Adobe Acrobat (PDF) format to the Installation Fire Chief, TPOC and COR within 7 calendar days.

7.2.3.1 Information in the summary shall include the following for EACH cylinder serviced:

- Cylinders serial number,

- Model number,

- The installation/location,

- The internal fire department numbering,

- Current service date

- Service status

- Any corrective actions taken to include quantities of chemical and specific parts replaced

7.4.4 All Test Sheets shall be submitted in Adobe Acrobat (PDF) format (no hand written ink comments allowed) to the Installation Fire Chief, TPOC and COR within 7-calendar days.

7.4.5 All Test Sheets shall be complete with proper comments as outlined in SEC 7.1.2.1 and shall be signed and dated by the service tech.

8.0 HOURS OF OPERATION

Pick up and drop off shall be scheduled one week in advance with the Installation Fire & Emergency Service Point-of-contact at each location and will be during normal operating hours of Monday thru Friday 07:00 AM (PST) to 3:00 PM (PST), excluding U.S. Government Holidays.

9.0 U.S. FEDERAL HOLIDAYS.

The following is a list of U.S. Government holidays. If the holiday falls on a Saturday, the proceeding Friday is observed as the holiday; if the holiday falls on a Sunday, the following Monday is observed as the holiday.

FEDERAL HOLIDAYS

New Year's Day Martin Luther King's Birthday, President's Day Memorial Day, Juneteenth, Independence Day/4th July, Labor Day Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day

10.0 TRAVEL AND BASE ACCESS REQUIREMENTS

10.1 Base Access: The contractor shall maintain proper security protocol in accordance with all base regulations.

Security approval for all contractor personnel will be obtained through the COR. Identifications furnished for approved employees shall be returned to the COR by the contractor immediately when such employees are no longer employed under this contract. The contractor is responsible for ensuring that all employees requiring routine access to Government facilities during the period of performance of this contract are properly registered in Defense Biometric Identification System (DBIDS).

10.2 Special requirements must be met for access to NAWS China Lake. Contractor must work with the COR to provide additional documents required for access to these sites.

1 0 . 3 Contractor shall furnish a list of contact personnel of the contractor and subcontractors including addresses and telephone numbers for use in the event of an emergency.

10.4 As changes to personnel occur and additional information becomes available, contractor shall correct and change the information contained in lists provided for contact personnel of the contractor and subcontractors.

10.5 Identification Badges: Co n t ra c to r sha l l immediately report instances of lost or stolen badges to the

COR.

N0024423Q0126

11.0 GOVERNMENT EQUIPMENT LIST

11.1 NONE

12.0 PAYMENT AND INVOICING.

12.1 Payment shall be made through the WAWF:

WAWF Routing Data Table*

12.2 The Contractor shall submit an electronic invoice to the COR and the Financial POC. An invoice must include the following information:

- Name and address of the Contractor;

- Invoice date and number;

- Contract number, contract line item number and, if applicable, the order number;

- Description, quantity, unit of measure, unit price and extended price of the items delivered;

- Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

- Terms of any discount for prompt payment offered;

- Name and address of official to whom payment is to be sent;

- Name, title, and phone number of person to notify in event of defective invoice1

13.0 Attachments:

13.1 Quality Assurance Surveillance Plan (QASP)

13.1 TECHNICAL : QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

PERFORMANCE

ELEMENT

PERFORMANCE

REQUIREMENT

SURVEILLANCE

METHOD

ACCEPTABLE

QUALITY LEVEL

INCENTIVES/

DISINCENTIVES

PWS:

Read and acknowledge the requirements for annual maintenance services, PM & CM, and Security requirements as laid out in this contract

• KTR to respond directly to the COR and the KO within the first 30 days of this contract with any questions or deviations

100% of Acknowledgment is required

Adverse Performance/response to be documented in

CPARS

Preventative Maintenance

(PM)

Complete PM and provide records of work performed and report any items that need CM to Fire Chief and COR.

• COR periodically reviews contractor records and discusses with Fire Chief for confirmation of communication and accuracy of performance at site

100% of records and reports performed and provided to Fire Chief and COR.

>94% of records and reports performed and provided to Fire Chief and COR.

Adverse performance

Corrective Maintenance

(CM)

Complete PM and provide records and invoices for work performed and report any items that are BER to Fire Chief and COR.

• COR periodically reviews contractor records and discusses with Fire Chief for confirmation of communication and accuracy of performance at site

100% of records and reports performed and provided to Fire Chief and COR.

>94% of records and reports performed and provided to Fire Chief and COR.

Adverse performance

Invoicing Compliance

Submit all invoices into the WAWF and provide a hard copy to the COR with the requested information

• COR periodically reviews contractor records

100% of Invoices are submitted on time and with correct information

>94% of Invoices are submitted on time and with correct information

Adverse performance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 N/A N/A N/A N/A 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government 0002AC Destination Government Destination Government 1001 Destination Government Destination Government 1002 N/A N/A N/A N/A 1002AA Destination Government Destination Government 1002AB Destination Government Destination Government 1002AC Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-AUG-2023 TO

31-JUL-2024

N/A COMMANDER NAVY REGION

SOUTHWEST

JOELLE SAWH

SEE SECTION "F" FOR

SPECIFIC DELIVERY INFO

WITHIN AS SPECIFIED

619-705-5334 FOB: Destination

N00242

0002 N/A N/A N/A N/A

0002AA POP 01-AUG-2023 TO

31-JUL-2024

N/A COMMANDER NAVY REGION

SOUTHWEST

JOELLE SAWH

SEE SECTION "F" FOR

SPECIFIC DELIVERY INFO

WITHIN AS SPECIFIED

619-705-5334 FOB: Destination

N00242

0002AB POP 01-AUG-2023 TO

31-JUL-2024

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

N00242

0002AC POP 01-AUG-2023 TO

31-JUL-2024

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

N00242

1001 POP 01-AUG-2024 TO

31-JUL-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

N00242

1002 N/A N/A N/A N/A

1002AA POP 01-AUG-2024 TO

31-JUL-2025

N/A COMMANDER NAVY REGION

SOUTHWEST

JOELLE SAWH

SEE SECTION "F" FOR

SPECIFIC DELIVERY INFO

WITHIN AS SPECIFIED

619-705-5334

1002AB POP 01-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1002AC POP 01-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

CONTRACT ADMINISTRATION

Post award administration to be retained by Regional Contracting FLC San Diego, Contracting Code 200.

In order to expedite administration of this contract, the following delineation of duties is provided including the names, addresses and phone numbers for each individual or office as specified. The individual/position designated as having responsibility should be contacted for any questions, clarifications or information regarding the functions assigned.

1. CONTRACT TYPE – This is a Fixed Firm Price and Time & Materials – Requirements Service type contract.

2. CONTRACTOR POINT OF CONTACT (POC):

Name:

Address:

Phone:

Email:

3. The NAVSUP FLC San Diego POC is responsible for:

a. All pre-award information, questions, or data;

b. Freedom of Information inquiries;

c. Change/question/information regarding the scope, terms or conditions of the basic contract document; and/or

d. Arranging the post award conference (See FAR 42.503):

NAVSUP FLC San Diego Regional Contracts Department, Code 250 3985 Cummings Road San Diego CA 92136-4200

Contracting Officer:

Caron Rigali Phone: (562) 626-7384 Email: caron.l.rigali.civ@us.navy.mil

Contract Specialist:

Jheanna Poblete Phone: 619-556-5361 Fax: 619-556-9778 Email: jheanna.u.poblete.civ@us.navy.mil

3. TECHNICAL POC, if assigned by the requiring activity, is responsible for providing technical assistance and support to the COR in contract administration by:

a. Identifying contractor deficiencies to the COR;

b. Reviewing contract/delivery/task order deliverables and recommending acceptance/rejection of deliverables;

c. Identifying contractor noncompliance of reporting requirements;

d. Evaluating contractor proposals for specific contracts/orders and identifying areas of concern affecting negotiations;

e. Reviewing contractor reports providing recommendations for acceptance/rejection;

f. Reviewing invoices for appropriateness of costs and providing recommendations to facilitate certification of the invoice;

g. Providing COR with timely input regarding the SOW, technical direction to the contractor and recommending corrective actions; and

h. Providing written reports to the COR as required concerning trips, meetings or conversations with the contractor.

Name:

Email:

Phone:

4. CONTRACTING OFFICERS REPRESENTATIVE (COR) is responsible for:

a. Liaison with personnel at the Government installation and the contractor personnel on site;

b. Technical advice/recommendations/clarification on the statement of work;

c. The statement of work for delivery/task orders placed under this contract.

d. An independent government estimate of the effort described in the definitized statement of work;

e. Quality assurance of services performed and acceptance of the services or deliverables;

f. Government furnished property;

g. Security requirements on Government installation;

h. Providing the PCO or his designated Ordering Officer with appropriate funds for issuance of the Delivery/Task order; and/or

i. Certification of invoice for payment.

NOTE: When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the contract (or delivery/task order), the Contractor shall promptly notify the Contracting Officer (or Ordering Officer) in writing.

No action shall be taken by the contractor under such direction until the Contracting Officer has issued a modification to the contract or, in the case of a delivery/task order, until the Ordering Officer has issued a modification of the delivery/task order; or until the issue has otherwise been resolved.

THE COR IS NOT AN ADMINISTRATIVE CONTRACTING OFFICER AND DOES NOT HAVE THE

AUTHORITY TO DIRECT THE ACCOMPLISHMENT OF EFFORT WHICH IS BEYOND THE SCOPE

OF THE STATEMENT OF WORK IN THE CONTRACT OR DELIVERY/TASK ORDER.

COR Name:

Email:

Phone:

DELIVERY RESPONSIBILTY (CONTRACTOR)

Refer to FAR Clause 52.212-4(f) Excusable Delays

The contractor is responsible for ensuring that all material under this contract is delivered by the established delivery date or sooner. If the material is not going to be delivered on or before the scheduled delivery date the Contractor shall inform the Contracting Officer (CO) in accordance with the listed FAR Clause.

The Contractor shall provide the rationale to the CO why the delivery cannot be made per schedule. The information provided by the Contractor will be reviewed by the CO and the RA and a determination will be made to extend the delivery schedule or to take other action.

Extensions of delivery schedules or any other changes to the terms of the contract shall be performed by the execution of a SF30 Contract Modification document signed by the CO.

METHOD OF PAYMENT

Invoices for materials resulting from this order shall be submitted electronically through Wide Area Work Flow (WAWF) system in accordance with DFAR 252.232-7006.

DO NOT SEND INVOICES TO THE NAVSUP FLC SAN DIEGO CONTRACTING DEPARTMENT

The Government anticipates paying fully certified invoices on a Net 30 day basis. Payment of fully certified invoices for partial delivers of material is hereby authorized. Distribution of payment will be made by Electronic Funds Transfer (EFT) to the contractors account established in the CCR database. It is the responsibility of the contractor to review such accounts to ensure that payment has been reviewed.

SALES TAX EXEMPTION:

The contractor is hereby advised that the United States Government and Agencies thereof are exempt from State and Local Government Tax by virtue of Article 6 of the United States Constitution. No exemption certification is required.

(End of Summary)

UNIT PRICES (OCT 2016)

Contractor unit prices, when incorporated into a Government contract, may be releasable under the Freedom of Information Act (FOIA) in the event NAVSUP FLCSD receives a FOIA request.

(End of clause)

INVOICING AND PAYMENT INSTRUCTION

5. INVOICING

5.1. Invoice content. Invoices shall contain the following information: name and address of the contractor;

invoice date; contract number; order number; CLIN; description of supplies provided; shipment tracking information; delivery and payment terms (e.g. prompt payment discount terms); name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment);

name (where practicable), title, phone number, and mailing address of person to be notified in event of a defective invoice; name of recipient, and any other information or documentation required by the contract.

NOTE: All invoices shall be based on prices shown on Table 1 Price Schedule located in Statement of Work

(SOW).

Note: NO PAYMENT SHALL BE MADE BEFORE ORDERED ITEM/S IS/ARE RECEIVED/ACCEPTED.

CLAUSES

(24) SUPTXT 203.1106-1 (3-18) NAVY USE OF ABILITYONE SUPPORT CONTRACTOR - RELEASE OF

OFFEROR INFORMATION

NAVSUP San Diego may utilize contractor support through the AbilityOne Program, as needed, to perform contract closeout functions for this acquisition. Information, including business sensitive/confidential or proprietary data, that the offeror provides to the government or information already in the possession of the government may be viewed and utilized by the AbilityOne Program support contractor personnel during the course of its contract performance. The information that may be made available to the support contractor may include, for example, pricing and technical proposals, historical contract, pricing and performance information, Commercial Asset Visibility (CAV) reporting information and similar data/information.

By submission of a proposal in response to this solicitation, the offeror and its subcontractors consent to a release of their business sensitive/confidential or proprietary data to the government's AbilityOne Program support contractor personnel. AbilityOne will have a Non-Disclosure/Non-Use Agreement in place with the Government in order to comply with DFARS 252-227-7025. The offeror retains the right to engage AbilityOne in a non-disclosure agreement pursuant to DFARS 252.227-7025(b)(5)(iv)

21) SUPTXT243-9400(1-92) AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER Insert the following text in solicitations and contracts, when it is anticipated that liaison and communication between contractor and government technical personnel will be required. AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (a) Except as specified in paragraph (b) below, no order, statement, or conduct of government personnel who visit the contractor's facilities or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract. (b) The contractor shall not comply with any order, direction or request of government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract. (c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is: NAME: ____________________________________________ ADDRESS:

___________________________________________ TELEPHONE: _______________________________________

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

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

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

MAR 2023

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-3 Offeror Representations and Certifications--Commercial

Products and Commercial Services

DEC 2022

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services

JUN 2023

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-- Commercial Acquisition

NOV 2021

52.217-3 Evaluation Exclusive Of Options APR 1984 52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990 52.217-9 Option To Extend The Term Of The Contract MAR 2000 52.219-1 Alt I Small Business Program Representations (MAR 2023)

Alternate I

SEP 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-14 Limitations On Subcontracting OCT 2022 52.222-41 Service Contract Labor Standards AUG 2018 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.225-1 Buy American--Supplies OCT 2022 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-7 Payments Under Time-And-Materials And Labor-Hour

Contracts

NOV 2021

52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Changes--Fixed Price AUG 1987 52.243-3 Changes--Time-And-Material Or Labor-Hours SEP 2000 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.246-6 Inspection--Time-And-Material And Labor-Hour MAY 2001 52.249-4 Termination For Convenience Of The Government (Services)

(Short Form)

APR 1984

52.252-2 Clauses Incorporated By Reference FEB 1998 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7003 Item Unique Identification and Valuation JAN 2023 252.211-7007 Reporting of Government-Furnished Property MAR 2022 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.239-7016 Telecommunications Security Equipment, Devices, Techniques, And Services

DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property

APR 2012

252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

(a) Definition. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of Provision)

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 and 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) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For…