23Q4012_SOL_082923.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30. 38

HE125423Q4004

ROSA DIAZ

351-755-1199

HE1254

DODEA PACIFIC WEST GUAM FIELD OFFICE

BLDG 455 BOX 208

FPO, AP 96540

532112

$47,000,000

8/29/2023

9/11/2023 3:00 pm

HEGUAM

DOD EDUCATION ACTIVITY

ATTN: PROCUREMENT DIVISION

4800 MARK CENTER DRIVE

SUITE 05F09-02

ALEXANDRIA, VA 22350-1400

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Sedan

FFP

The Contractor shall provide sedans of the Compact Size variety and equipped with an automatic transmission, power steering, power door locks and air conditioning. The seating capacity shall support the safe transport for four (4) passengers and the vehicle shall have industry standard cargo space for light weight cargo and luggage for the vehicle type. 2/Each per month. TENTATIVE PERIOD

OF PERFORMANCE START DATE: 20 SEPT 2023.

FOB: Destination

PURCHASE REQUEST NUMBER: HE12543171919

W023

NET AMT

0002 12 Months Cargo Van

FFP

The Contractor shall provide cargo vans or mid-size pickup trucks in accordance with Performance Work Statement paragraph 2.1.2.2; 3/Each per month.

TENTATIVE PERIOD OF PERFORMANCE START DATE: 20 SEPT 2023.

FOB: Destination

PURCHASE REQUEST NUMBER: HE12543171919

0003 1 Job Minor Repairs

FFP

The Contractor shall present itemized repair estimates to the Government in accordance with paragraph 2.3.6 of the Performance Work Statement. TENTATIVE

PERIOD OF PERFORMANCE START DATE: 20 SEPT 2023.

FOB: Destination

1001 12 Months OPTION Sedan

FFP

The Contractor shall provide sedans of the Compact Size variety and equipped with an automatic transmission, power steering, power door locks and air conditioning. The seating capacity shall support the safe transport for four (4) passengers and the vehicle shall have industry standard cargo space for light weight cargo and luggage for the vehicle type. 2/Each per month.

1002 12 Months OPTION Cargo Van

FFP

The Contractor shall provide cargo vans or mid-size pickup trucks in accordance with Performance Work Statement paragraph 2.1.2.2; 3/Each per month.

1003 1 Job OPTION Minor Repairs

FFP

The Contractor shall present itemized repair estimates to the Government in accordance with paragraph 2.3.6 of the Performance Work Statement.

2001 6 Months OPTION Sedan

FFP

The Contractor shall provide sedans of the Compact Size variety and equipped with an automatic transmission, power steering, power door locks and air conditioning. The seating capacity shall support the safe transport for four (4) passengers and the vehicle shall have industry standard cargo space for light weight cargo and luggage for the vehicle type. 2/Each per month.

2002 6 Months OPTION Cargo Van

FFP

The Contractor shall provide cargo vans or mid-size pickup trucks in accordance with Performance Work Statement paragraph 2.1.2.2.; 3/Each per month.

2003 1 Job OPTION Minor Repairs

FFP

The Contractor shall present itemized repair estimates to the Government in accordance with paragraph 2.3.6 of the Performance Work Statement.

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 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 20-SEP-2023 TO

19-SEP-2024

N/A DODEA PACIFIC SOUTH FIELD OFFICE

GUAM FO

BREHLER, STEPHANIE C

GUAM FIELD OFFICE

BLDG 455 BOX 208

FPO AP 96540

671-344-9160

HEGUAM

0002 POP 20-SEP-2023 TO

19-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

0003 POP 20-SEP-2023 TO

19-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 20-SEP-2024 TO

19-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 20-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 20-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 20-SEP-2025 TO

19-MAR-2026

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 20-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 20-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

LIST OF ATTACHMENTS

ATTACHMENT NO. TITLE

Performance Work Statement (PWS), 23Q4004_ATTACH1_PWS_Rev2_082523.pdf

Technical Capability 23Q4004_ATTACH2_Technical_082523.pdf

Pricing Sheet 23Q4004_ATTACH3_Pricing Sheet_082523.xls

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

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

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

DEC 2022

52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.228-8 Liability and Insurance - Leased Motor Vehicles MAY 1999 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989 52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 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

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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 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 (NOV 2021)

(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 products or commercial services.

(End of clause)

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

2020)

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

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

52.212-1 ADDENDUM – INSTRUCTIONS TO OFFERORS - - COMMERCIAL ITEMS (DEC 2006)

Addendum to Paragraph (b). Paragraph (b) is changed to read as follows:

(b) Communication.

The Contracting Officer and Contract Specialist are the sole points of contact for this acquisition.

Communications with other officials may compromise the integrity of this acquisition and result in cancellation of the requirement. The Government may, in its discretion, conduct exchanges with Offerors if exchanges are determined to be in the Government's best interest.

Intent to Submit Quotes.

For planning purposes only, please send an e-mail to Ms. Rosa I. Diaz at Rosa.Diaz@dodea.edu and Ms. Mileska M.

Rodriguez at Mileska.Rodriguez@dodea.edu to give notification if your company intends to submit a quote in response to this solicitation. The subject of the e-mail shall be “Intent to Submit a Quote for HE1254-23-Q-4004.”

Please provide the company’s name and point of contact to include name, title, address, e-mail, phone number, and the company’s CAGE Code. Failure to submit a notice of intent does not prohibit an Offeror from submitting a quote.

Submission of Questions.

Offerors shall submit questions concerning this solicitation, electronically, NO LATER THAN 3:00 p.m. Japan Standard Time (JST), 5 September 2023. Questions submitted after this date may not be considered for a response.

Submission of Offers.

Offerors must ensure that the signed and dated attached quote and all attachments are virus free, legible, and arrives in Ms. Diaz’s, and Ms. Rodriguez’s e-mail inboxes by the solicitation closing time. E-mails over 10 MB will be rejected by DoDEA’s network. If the electronic copy cannot be opened, the Contract Specialist or Contracting Officer will notify the Offeror and a replacement electronic copy shall be provided by the Offeror within one (1) working day after notification.

Documents shall be submitted in separate .pdf or Microsoft Office (e.g., Word, Excel, etc.) format by e-mail on or before the closing date and time of 3:00 p.m. JST, 11 September 2023, to Ms. Rosa I. Diaz at Rosa.Diaz@dodea.edu and Ms. Mileska M. Rodriguez at Mileska.Rodriguez@dodea.edu. Failure to submit all of the documentation identified in this section, or submission of incomplete documentation, will render the quote non-compliant with the terms and conditions of the solicitation and will not be ineligible for award consideration.

At a minimum, Offerors shall submit a package consisting of an Administrative Cover Letter, Signed Quote (SF1449), Signed Amendments (SF30), if any, and three (3) separate volumes as follows:

1. Administrative Cover Letter

This document shall state the following information:

a. The solicitation number

b. Unique Entity Identifier

c. Complete business mailing address

d. N/CAGE Code

e. Primary NAICS Code

f. Contact name

g. Contact phone number and e-mail address

2. Signed Quote (Standard Form 1449)

Offerors are required to:

a. Submit this form signed and dated by an Official of the company authorized to bind the Organization.

b. State a Discount Term in Block 12, if the term is other than Net 30 days.

c. By submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Offeror’s terms and conditions will not be accepted.

3. Signed Amendment (Standard Form 30)

If the solicitation is amended, the Offeror shall acknowledge all executed amendments on the SF30, Amendment of Solicitation/Modification of Contract, posted for each amendment.

4. Volume I – Factor 1: Technical

The Offeror shall provide technical specifications that clearly demonstrate quoted vehicles meet the requirements of the PWS at paragraphs 2.1 and 2.2. The Offeror shall completely fill in the information required in Attachment 2 and may provide supplemental documentation stating technical specifications only. Any other documentation submitted will not be considered.

5. Volume II – Factor 2: Past Performance

The Offeror shall submit past performance information (performing as the Prime on that effort) to determine the recency and relevancy of the Offeror’s performance. To be recent, the effort must be on-going or must have

Document Title Page Limitations

Pages shall be submitted in numerical order.

Administrative Cover Letter Cover Letter 1 page

Volume I Technical Capability Use Attachment 2

(See Attachment 2 instructions.)

Volume II Past Performance 4 pages

Times New Roman, not less than 12-point font

Volume III Price Use Attachment 3

(See Attachment 3 instructions.)

been completed within the last three (3) years by the closing date/time of this solicitation. To be relevant, the Offeror must demonstrate that the Offeror has provided leased vehicles of the same or similar type for periods exceeding 6 months, during the last three (3) years by the closing date/time of this solicitation.

Past Performance information submitted that is more than 3 years old and/or not relevant will not be evaluated.

The Government reserves the right to obtain information relative to present and past performance on its own, in addition to information provided by the Offeror and from contract and subcontract POCs. If you are aware that one or more of your contracts in the Contractor Performance Assessment Reporting System (CPARS) specifically relates to the requirements in this acquisition, please provide this contract/work effort as one of the past performance submissions with your quote.

Offers received without this volume will be deemed non-compliant with this solicitation and rendered ineligible for award consideration.

6. Volume III – Factor 3: Price This factor will not be assigned a rating. However, the Offeror’s quote will be evaluated for completeness and price reasonableness based upon the Offeror’s prices submitted on Attachment 3, Pricing Sheet. In Attachment 3, Offerors shall enter only the Unit Price in column I for each vehicle type and in all periods, including the FAR Clause 52.217-8 Period section. Attachment 3 shall be completed by the Offeror and submitted as an Excel document only. No other document will be accepted in lieu of, or in addition to, Attachment 3. Failure to follow the explicit instructions in Attachment 3 will render an offer ineligible for award consideration.

Offerors are advised that in the event miscalculations are identified (Unit Price x Quantity), the Unit Price entered in column I will govern. The total evaluated price will be considered in making the final price fair and reasonable determination.

Should the Government need to exercise the option under FAR Clause 52.217-8 at any time, the Government will use the rate quoted for the last year performance was completed.

NOTE: An Offeror’s record shall be active in the System for Award Management (SAM) by the solicitation’s closing date and time to be eligible for contract award.

Addendum to Paragraph (c). Paragraph (c) is changed to read as follows:

(c) Period for acceptance of offers. The Offeror agrees to hold quoted prices firm for 60 calendar days from the date specified for receipt of offers unless another time period is specified in an addendum to the solicitation.

Addendum to Paragraphs (d) & (e). Paragraphs (d) & (e) are deleted in its entirety.

Addendum to Paragraph (g) Contract award. Paragraph (g) is changed to read as follows:

The Government intends to award without discussions. Therefore, the Offeror’s initial quote should contain the Offeror’s best terms and price. However, despite this intent, the Government reserves the right to conduct discussions if the Government determines they are necessary. If the Government determines that discussions are necessary, each responding Offeror will be contacted by the Contracting Officer. As a result of discussions, the Government reserves the right to withdraw and cancel the solicitation should any inconsistencies cannot be resolved to the Government’s satisfaction. In such event, Offerors will be notified in writing.

Addendum to Paragraph (h). Paragraph (h) is changed to read as follows:

Multiple awards may be made from this solicitation for each vehicle type required, if the Government deems doing so is in its best interest.

Addendum to Paragraph (i). Paragraph (i) is deleted in its entirety.

(End of FAR 52.212-1 Addendum)

52.212-2 Evaluation - Commercial Items NOV 2021

52.212-2 ADDENDUM – EVALUATION – COMMERCIAL ITEMS (DEC 2006)

Basis for Award

(a) Addendum to Paragraph (a). Paragraph (a) is changed to read as follows:

This acquisition will be conducted in accordance with FAR Parts 12 and 13. The Government anticipates awarding, at least, one (1) Firm-Fixed Price (FFP) contract to the Offeror(s) whose quote(s), conforming to all the requirements of the solicitation, represent the best value to the Government price and other factors considered. In addition, any potential awardee(s) will need to be deemed responsible in accordance with the requirements of FAR Part 9.

Failure to meet all requirements will render a quote ineligible for award consideration. Offerors shall clearly identify, in writing, any exception to the solicitation terms and conditions and provide a complete rationale for the Government’s consideration of each exception taken. Rationale to exceptions shall state the document, item number, paragraph number, page number, etc. where the term appears.

To make the award decision, the Government will evaluate each quote using the following three (3) factors:

1. Factor 1-Technical Capability – Offer must receive an overall rating of Acceptable

2. Factor 2-Past Performance – Offer must receive an overall rating of Acceptable or Neutral

3. Factor 3-Price

Evaluation Factors: These will be rated in accordance with FAR Sub-part 13.106-2 and:

1. Volume I – Factor 1: Technical Capability. The Government will evaluate the Offeror’s response provided in Attachment 2, and any relevant supplemental documentation, to determine if the Offeror’s quote clearly meets the requirements of the PWS.

Technical Capability rating will be based on the following rating method:

2. Volume II – Factor 2: Past Performance. This factor will be evaluated to assess the Offeror’s ability to successfully meet the requirements based on the Offeror’s demonstrated recent and relevant record.

Recent: On-going or must have been completed within the last three (3) years by the closing date/time of the solicitation.

Rating Description

Acceptable Offeror’s quote clearly meets the requirements of the solicitation.

Unacceptable Offeror’s quote does not meet the requirements of the solicitation.

Relevant: Leasing of vehicles for periods exceeding 6 months, during the last three (3) years.

Past Performance rating will be based on the following Past Performance Rating method:

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 info below.)

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

Neutral No meaningful past performance rating can be reasonably assigned.

In addition to past performance information submitted by the Offeror, past performance information may be obtained from the Responsibility and Qualifications Information from the SAM portal, Electronic Subcontract Reporting System (eSRS), or other Government databases; the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, or other sources known to the government.

In evaluating past performance, the Government reserves the right to give greater consideration to information on those individual contracts deemed most relevant to the effort described in this solicitation.

*Offerors without a record of relevant past performance or for whom information on past performance is not available, or is so sparse that a past performance rating cannot be reasonably assigned, will not be evaluated favorably nor unfavorably on past performance and, as a result, will receive a “Neutral” rating for the Past Performance factor.

The Government may reject a quote if it is found that the Offeror deleted, misrepresented, or withheld any information that might have a negative impact on its past performance record.

3. Volume III – Factor 3: Price. This factor will not be assigned a rating. However, the Offeror’s quote, using only Attachment 3, will be evaluated to determine if the price offered is fair and reasonable in accordance with the techniques and procedures stated in FAR 13.106-3.

(b) Options. Addendum to Paragraph (b). Paragraph (b) is changed to read as follows:

Evaluation of Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the base period. The Offeror shall submit pricing for the base period and all option periods. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(End of FAR 52.212-2 Addendum)

52.212-2 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022)

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

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

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

Forced or indentured child labor means all work or service -

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

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

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

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

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

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

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

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

(3) PSG 88, Live 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.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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 –

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that -

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by -

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which…