21Q0022.pdf

SEE ADDENDUM

(No Collect Calls)

W25G1V21Q0022 19-Nov-2020

b. TELEPHONE NUMBER

570-615-9536

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 08 Dec 2020

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 X 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.

W25G1V9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JANEEN L DAMIANO

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

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

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

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ACC-APG, TOBYHANNA DIVISION

11 HAP ARNOLD BLVD

TOBYHANNA PA 18466-5100

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 W25G1V 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SEE BELOW FOR SEPARATE SHIPPING INSTRUCT

XXX

XXX PA 00000

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$30,000,000

NAICS:

488991

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 OF47

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

ADDENDUM

This Solicitation is being conducted in accordance with FAR Part 12 Acquisition of Commercial Items and FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items.

BASIS OF AWARD

Award evaluation and basis for award will be performed in accordance with FAR 52.212-2 Evaluation-Commercial Items located in the clause section of the solicitation. Offerors are cautioned that an award may not necessarily be made to the lowest price offer.

1. Description of Agreement:

a. The Contractor shall furnish services, if and when requested by the Contracting Officer, or his/her authorized representative, during the period specified in the clause below entitled "Effective Period". Purchases (which may be referred to as calls) made hereunder may be written or oral. The purchase shall reference this agreement and be numbered in accordance with DFARS Part 204, Subpart 204.70. Such calls shall include a description of the services being ordered; prices thereof; delivery schedule; FOB point; place of inspection and acceptance;

chargeable together with such other specifics covered elsewhere herein.

b. Services will be identified on individual calls issued in accordance with paragraph (a) above. Services purchased under this agreement shall be limited to the APPROVED PRICE LIST. The contractor shall submit any changes to the price list to the Contracting Officer for approval/disapproval no less than 30-days prior to implementation to permit review and distribution to ordering activities before the price agreement period commences. The contractor may offer voluntary price reductions (VPR) for previously approved items without written approval. These reductions should be shown as "VPR" on the invoice.

2. Extent of Obligtion: The Government is only obligated to the extent of authorized calls actually placed against this BPA. The contractor shall complete any order issued prior to the expiration date of this BPA within the time specified in the order. The terms of the BPA shall govern the contractor and the ordering agency's rights and obligations with respect to that order to the same extent as if the order were completed prior to the expiration of the BPA.

3. Purchase Limitation: No individual call under this agreement shall exceed $20,000 without the authorization of the Contracting Officer.

3. Individuals Authorized to Place Calls and Dollar Limitations under this BPA: A list of persons authorized to place calls under this agreement, identified by organizational component shall be furnished to the contractor by the Contracting Officer.

4. Delivery Tickets (Sales Receipts): All services under this agreement shall be documented in accordance with (IAW) the Performance Work Statement (PWS) and reference the BPA number.

5. Invoices: An itemized invoice shall be submitted in accordance with the INVOICE AND PAYMENT section of this agreement. In accordance with FAR 52.232-37, payments shall be made through alternative methods.

6. BPA Termination: ACC-APG Tobyhanna Division may terminate this BPA at any time by providing at least a 30 day written notice by the Contracting Officer (CO) to the contractor. The contractor, with the written consent of the CO may terminate this BPA upon at least 30 days written notice to the CO. The parties understand that termination of the BPA does not constitute termination of any impending task order or active delivery order issued prior to this termination notice.

7. Effective Period: January 1, 2021, and ends December 31, 2022.

8. BPA Clauses: All references to "contract" within the text of the clauses incorporated into the BPA shall be construed as a reference to this BPA.

9. DTR LINK: For inclusion of PWS, Paragraph B11.

https://www.ustranscom.mil/dtr/dtrp4.cfm <https://www.ustranscom.mil/dtr/dtrp4.cfm>

All offers must be submitted by e-mail to the Contract Specialist at janeen.l.damiano.civ@mail.mil by the date and time specified in the solicitation. Please reference the solicitation number “W25G1V-21-Q-0022” in the email. Email shall include a signed copy of the completed SF 1449 solicitation document, completed Bid Workbook along with all other techical subfactors listed in FAR Clause 52.212-2 Evaluation-Commercial Items, and past performance.

Emails not received by the date and time specified in the solicitation or not providing all of the required documentation, will not be considered for award. It is the responsibility of the Offeror to verify that the email, to include all attachments, was received by the date and time specified in the solicitation.

INVOICING AND PAYMENT:

All invoicing will be submitted to JPPSO-Northeast, Attn: Billing & Cost Analysis Department via FAX to 781-377-7650 or by E-mail to JPPSO.Billing@hanscom.af.mil. Invoicing will be done on a monthly basis (all inbound/outbound/local moves performed during the month).

Invoices will be batched by service branch (i.e. all Army personnel on a page, all Air Force personnel on a page, etc.) A proper invoice shall cite the contractor’s name and address, invoice number, invoice date, order number, contract line item number (CLIN), description of the supplies or service, zone, unit of issue, unit price and extended price, terms of any prompt payment discount offered, and who to notify in the event the invoice is defective

The contractor shall be paid upon submission of a properly prepared invoice (original and three copies) and after final inspection and acceptance has been made.

JPPSO-Northeast will be paying all invoices under this agreement. Invoices are prepared monthly based on branch of service (i.e. all army moves done for a month will be on one invoice, all navy moves done for the month will be on one invoice, etc). Payments will be made by:

FOR AIR FORCE MOVES: DFAS LIMESTONE

P.O.BOX

COLUMBUS, OH 43213

FOR ARMY MOVES: DFAS –ROME/AP/DCC

325 BROOKS ROAD

ROME, NY 13441-4527

FOR NAVY MOVES: DFAS –CLEVELAND

ACCOUNTS PAYABLE –CODE JAQAA

1240 NINTH STREET SB39

CLEVELAND, OH 44199

FOR MARINE MOVES: DFAS – COLUMBUS CENTER

MARINE CORPS

ATTEN:, KANSAS CITY

PO BOX 369022

COLUMBUS, OH 43218-9022

FOR COAST GUARD MOVES: COAST GUARD FINANCE CENTER

DEPARTMENT OF HOMELAND SECURITY

1430-A KRISTINA WAY

CHESAPEAKE, VA 23326

Invoicing will be done on a monthly basis and will be accomplished in accordance with the Performance Work Statement and the Authorized Price List.

AN AUTHORIZED REPRESENTATIVE OF THE ABOVE ACTIVITY, UPON

DETERMINING THAT THE SUPPLIES HAVE BEEN RECEIVED AND ACCEPTED, OR

THAT THE SERVICES HAVE BEEN SATISFACTORILY COMPLETED, SHALL CERTIFY

THE INVOICE AND FORWARD IT TO THE APPROPRIATE FINANCE OFFICE FOR

PAYMENT. A COPY OF THE RECEIVING REPORT OR CERTIFIED INVOICE SHALL BE

PROVIDED TO THE CONTRACT ADMINISTRATOR CITED ON PAGE 1 OF THIS

ORDER (DD1155 BLOCK 7 OR SF1449 BLOCK 9).

INVOICES SHALL BE SUBMITTED (Type an X in the appropriate block):

[..] AFTER DELIVERY OF SUPPLIES

[x] MONTHLY (AFTER PERFORMANCE)

[..] QUARTERLY (AFTER PERFORMANCE)

[..] SEMI-ANNUALLY (AFTER PERFORMANCE)

[..] YEARLY (AFTER PERFORMANCE)

ATTACHMENTS:

The following attachments are incorporated by reference:

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 0001 PWS 25 24 OCT 19 Attachment 0002 G1 Figures 12 21-SEP-12 Attachment 0003 G2 Publications and 2 04 APR 18 Commercial Standards Attachment 0004 G3 CDRLs 26 07-SEP-18 Attachment 0005 G4 Definitions 4 22-SEP-14 Attachment 0006 G5 Acronyms 2 15-JAN-19 Attachment 0007 G6 Claims and Liability 20 20-AUG-19 Attachment 0008 G7 DPM Third Party 4 15 JAN 19 Payment System Attachment 0009 Bid Workbook 5 (Tabs) 17 NOV 20 Attachment 0010 Wage Determination # 5 17 NOV 20 1997-0025 Revision No.: 39

Wage Determination # 1995-0815 Revision No.: 41 5 17 NOV 20

INSURANCE REQUIREMENT

INSURANCE REQUIREMENTS:

The contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

(a) WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY. Contractors are required to comply with applicable Federal and State Worker's Compensation and Occupational Disease Statutes. If the Employer's liability section of the insurance policy, except then contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit Worker's Compensation to be written by private carriers.

(b) GENERAL LIABILITY. Bodily Injury Liability Insurance Coverage written on the comprehensive form of policy of at least $500,000 per occurrence shall be required. Property Damage Liability Insurance is not normally required.

(c) AUTOMOBILE LIABILITY. Automobile Liability Insurance written on the comprehensive form of policy is required. The policy shall provide for Bodily Injury and Property Damage Liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for Bodily Injury and $20,000 per occurrence for Property Damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Movement of Personal Property

FFP

Services shall be performed in accordance with the attached Performance Work Statement for Zones 45 and 46.

1 Lot equals 2 years

Period of Performance January 1, 2021 and ends December 31, 2022 FOB: Destination

PSC CD: V003

NET AMT

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JAN-2021 TO

31-DEC-2022

N/A SEE BELOW FOR SEPARATE SHIPPING

INSTRUCT

XXX

XXX PA 00000

FOB: Destination

W25G1V

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

MAR 2020

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons OCT 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.228-9 Cargo Insurance MAY 1999 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-37 Multiple Payment Arrangements MAY 1999 52.233-1 Disputes MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.243-1 Changes--Fixed Price AUG 1987 52.247-8 Estimated Weights or Quantities Not Guaranteed APR 1984 52.247-11 Net Weight - Household Goods or Office Furniture APR 1984 52.247-13 Accessorial Services - Moving Contracts APR 1984 52.247-14 Contractor Responsibility for Receipt of Shipment APR 1984 52.247-15 Contractor Responsibility for Loading and Unloading APR 1984 52.247-21 Contractor Liability for Personal Injury and/or Property

Damage

APR 1984

52.247-27 Contract Not Affected by Oral Agreement APR 1984 52.247-28 Contractor's Invoices APR 1984 52.249-4 Termination For Convenience Of The Government (Services)

(Short Form)

APR 1984

52.252-5 Authorized Deviations In Provisions APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.227-7015 Technical Data--Commercial Items FEB 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7016 Contractor Liability for Loss or Damage DEC 1991 252.247-7022 Representation of Extent of Transportation by Sea. JUN 2019 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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 covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(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) 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.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is determined to be the Best Value to the Government (Price, Technical and Past Performance considered). The following factors shall be used to evaluate offers:

(1) Price. The lowest price offer will be evaluated for technical acceptability. An offeror’s proposed prices will be determined by calculating the total price of all items for the two (2) year BPA period on the offeror’s completed solicitation, Attachment 0009, Bid Workbook. Total price for each zone will be considered separately. Failure to include a price for each and every item per zone may exclude the offeror from further consideration for award.

(2) Technical Capability. Submissions will be evaluated for technical acceptability. Two rating categories will be used to reflect the Government’s evaluation of each offeror's ability, as demonstrated in the proposal, to perform the requirements stated in the solicitation. Technical proposals will be rated using the following criteria:

Ratings Description Acceptable Proposal clearly meets specified minimum standards. A proposal must have no deficiencies to receive an Acceptable rating.

Offerors must have an “Acceptable” rating in each technical evaluation subfactor to receive an overall “Acceptable” rating.

Unacceptable Proposal does not clearly meet specified minimum standards. The proposal has one or more deficiencies. Proposals which fail the technical criteria will be ineligible for further evaluation.

The Government reserves the right to open discussions to determine acceptability. Technical Subfactors are of equal importance and all the following Subfactors must be met in order to receive an “Acceptable” rating:

Subfactor 1 – Quality Control (QC) Plan. Offerors shall submit a QC Plan as required in the Performance Work Statement (PWS), Section III, Paragraph 5(a). The QC Plan shall be no longer than five (5) pages and shall address your general approach, and include at a minimum:

1. Areas to be inspected;

2. Inspection schedule;

3. Names and titles of individuals performing inspections;

4. Plan for traffic management (packing, containerization, storage, tracing, maintaining Government owned containers invoicing)

5. Plan to ensure adequate staffing during peak periods And evidence of or ability to gain workmen’s compensation insurance

Pages received beyond the five (5) page limitation will not be evaluated.

To be rated as “Acceptable,” the Offeror’s proposal must successfully indicate that procedures are in place to provide quality performance to the Government.

Subfactor 2 – Offerors must complete the portions entitled ―Bidder’s Guaranteed Daily Capability, found at Solicitation Attachment 9, Bid Workbook, for each zone and for the entire two (2) year BPA period.

Offerors must be able to meet or exceed the Government’s Minimum Acceptable Daily Capability, listed in the Solicitation at Attachment 9, Bid Workbook, for all BPA years for Outbound (Schedule I), Inbound (Schedule II) and Intra-City (Schedule III) in order for the offer to be rated as “Acceptable.”

Subfactor 3 - Vehicles. Evidence of ownership and availability of, or ability to lease (e.g., lease agreement with rental company or subcontractor), required vehicles, including the size, type, and quantity of each subcontractor shall be provided. Proof of or ability to gain comprehensive general and automobile liability insurance as specified in the solicitation shall also be provided in the offeror’s proposal. Evidence of operating authority or ability to gain for zone coverage.

An adequate number of vehicles must be available to meet or exceed the Government’s minimum acceptable daily capability that is commensurate with risk in order for the offer to be rated “Acceptable.”

Insurance declarations must meet or exceed the requirements of the solicitation at TYAD Insurance Requirements, 5152.228-4005.

Subfactor 4 - Facility. Identify by name and address of proposed operating facility/warehouse. Provide copy of most recent DD Form 1812 if warehouse is currently or previously approved by the Storage Management Office (SMO) or confirm ability to meet requirements outlined on DD Form 1811.

The DD Form 1812 must reflect that all outstanding corrective actions have been completed and that the offeror is eligible for further business.

Subfactor 5 – Subcontracting. Identify by name and address of proposed subcontractor.

(3) Past Performance. The Government will conduct an evaluation and review of all recent past performance data obtained to determine how closely the work performed under these efforts relates to the proposed effort, and how well that work was performed. The offeror shall submit the following information:

- Offerors shall submit at least one (1) but no more than three (3) past performance references of recent and relevant contracts. For purposes of this evaluation, recent is defined as contracts performed within the past three (3) years from the issuance date of the solicitation. Relevant is defined as contracts of a similar scope, magnitude and complexity for the packing, containerization and local drayage of personal property shipments. Offerors shall complete questionnaire entitled “Performance Risk Assessment Questionnaire (PRAQ) at Solicitation Attachment 0011. Experience may be commercial and/or Governmental. In addition to the references provided, the Government will also review Contractor Performance Assessment Report (CPAR) and Federal Award Performance and Integrity Information System (FAPIIS) information if available on a contractor.

Past performance shall be evaluated to determine if it is recent, relevant, and of acceptable quality. To consider relevancy and quality the past performance evaluation will consider all aspects of an offeror’s past performance, focusing on and targeting performance relevant to areas identified in the Relevancy Criteria Table listed below. The purpose of the past performance evaluation is to assess the offeror’s ability to successfully accomplish the proposed effort based on the offeror’s demonstrated present and past work record. Evaluation of past performance will be a critical assessment based on consideration of all relevant facts and circumstances.

RELEVANCY CRITERIA TABLE

RATING DESCRIPTION

Relevant (R) Relevant is defined as contracts of a similar scope, magnitude, and complexity for the packing, containerization and local drayage of personal property shipments.

Similar in scope means that the work must have been for packing, containerization, local drayage and warehousing services.

Similar in magnitude means the work must have been for similar number of shipments.The total number of shipments could be the result of multiple contracts performed (concurrent or consecutive).

Similar in complexity means the work must have involved handling multiple task orders concurrently.

Not Relevant (NR) Present/past performance was not within scope and/or did not involve any of the magnitude of effort and complexities that this solicitation requires.

The contracting officer shall seek relevant performance information on all offerors based on; (1) the references provided by the offeror and (2) data independently obtained from other government and

W25G1V21Q0022 commercial sources. The purpose of the past performance evaluation is to allow the government to assess the offeror’s ability to perform the effort described in the solicitation, based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall performance rating of “Acceptable” or “Unacceptable” as defined below:

Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror has no record of relevant past performance or whom information on past performance is not available or so sparse that no meaningful past performance rating can be assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determind to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.

(b) Award will be for a two (2) year Blanket Purchase agreement.

(c) Basis of Award.

(1) The Government will make award to the offeror found technically acceptable, determined to have acceptable past performance and having the lowest price. In accordance with Federal Acquisition Regulation (FAR) Clause 52.212-1, Instructions to Offerors -- Commercial Items (Oct 2015), paragraph (g), Contract Award, The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(2) Single Award. The Government shall award one contract as set forth below in the designated areas:

- Zone 45 Consists of the following locations:

State of Pennsylvania; Counties of Carbon, Lackawanna, Luzerne, Monroe, Pike, Susquehanna, Wayne and Wyoming

- Zone 46 consists of the following locations:

State of New Jersey, County of Warren

(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2020)

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

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

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently…