36C24424Q0307_1.docx
DOCX document 108 KB Posted
- Attached to
- 5680--Exterior Automatic Door Repair Federal contract opportunity
- Solicitation number
- 36C24424Q0307
About this file
This is a request for quotation for automatic door repair services. The Department of Veterans Affairs Network Contracting Office is seeking quotes to establish repair service for exterior automatic doors experiencing operational issues throughout the Philadelphia VA Medical Center. Vendors must provide all labor, materials, and equipment to remove, repair, replace, or upgrade automatic doors and verify correct functionality. Quotes are due by January 26, 2024. The Service Contract Act applies. The site visit is scheduled for January 23, 2024 at the medical center. Quotes must be submitted in four sections: administrative/regulatory information, technical narrative, subcontracting details, and price. The contract will be awarded to the lowest technically acceptable price based on the schedule.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 36C24424Q0307 0001_1.docx | DOCX document | |
| 36C24424Q0307 0001.pdf |
On GovTribe
Work with this file on GovTribe
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
36C24424Q0307
| SUBJECT* |
| Automatic Door Repair |
GENERAL INFORMATION
| CONTRACTING OFFICE’S ZIP CODE* |
| 16602 |
| SOLICITATION NUMBER* |
| 36C24424Q0307 |
| RESPONSE DATE/TIME/ZONE |
| 01-26-2024 4:00 PM EASTERN TIME, NEW YORK, USA |
| ARCHIVE |
| 30 DAYS AFTER THE RESPONSE DATE |
| RECOVERY ACT FUNDS |
| N |
SET-ASIDE
| PRODUCT SERVICE CODE* |
| 5680 |
| NAICS CODE* |
| 811310 |
| CONTRACTING OFFICE ADDRESS |
| Department of Veterans Affairs |
Network Contracting Office 4 Services 1 2907 Pleasant Valley Blvd Altoona, PA 16602
POINT OF CONTACT*
Contract Specialist Jennifer Beiswenger jennifer.beiswenger@va.gov
PLACE OF PERFORMANCE
| ADDRESS |
| Philadelphia VA Medical Center |
3900 Woodland Avenue
Philadelphia PA
| POSTAL CODE |
| 19104 |
COUNTRY
ADDITIONAL INFORMATION
Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice
DESCRIPTION
| *= Required Field |
| Combined Synopsis/Solicitation Notice |
Combined Synopsis/Solicitation Notice
This is a request for quotation prepared in accordance with Part 13 of Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C24424Q0307.
This Solicitation is Unrestricted. The NAICS Code is 811310 – Commercial and Industrial Machinery and Equipment (Accept automotive and Electric) Repair and maintenance.
The Contracting Office is seeking to establish repair service for exterior automatic doors. The selected vendor/contractor will provide all labor, material, and equipment necessary to remove, repair, replace, or upgrade, and verify correct functionality of the automatic doors that are experiencing operational issues throughout the medical center.
The Service Contract Act (SCA) applies to all nonprofessional services to be provided under this Schedule except for any pricing offered for services outside of the United States. The full-text version of each wage determination can be viewed at www.wdol.gov. As such, the Offeror should verify that its proposed base rates and fringe benefit rates for these labor categories meet or exceed the SCA wage determination rates and fringe benefits for the areas included in the geographic scope of the contract, the Offeror will be required to comply with applicable SCA wage determination rates and fringe benefits regardless of the price proposed and awarded on any resultant Schedule contract.
Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are enclosed. All offerors are advised to pay careful attention to the quote submission instructions as there are very specific instructions as what is required to be provided.
NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database IAW FAR 52.212-1(k). Registration may be done online at: https://beta.sam.gov.
The site visit is currently scheduled as follows:
Failure to arrive on time may result in a refusal to participate in the site visit.
Meeting time/location: Tuesday, January 23rd, 2024 @ 9:00 AM EST.
Philadelphia VA Medical Center Building 5 3900 Woodland Avenue Philadelphia, PA 19104
Vendors are advised they are only to reach out to the POC if they are lost trying to find the meeting location. Any requests for information, questions, sign-ups, etc. are REQUIRED to be directed to the contracting office.
POC:
Carlos Araujo – (215) 823-5800 ext: 205358 This site visit is not mandatory. All vendors wishing to attend the site visit shall submit the following information to jennifer.beiswenger@va.gov by 01/22/2024 @ 4:00 PM Eastern Time.
1. Company Name
2. Attendees (limited to three per vendor)
3. Contact number
4. Email address
I. Quote Submission Instructions:
A. Failure to follow the instructions below may result in elimination from award consideration or a non-responsive determination.
1) Quotes shall be submitted via email to Jennifer Beiswenger at jennifer.beiswenger@va.gov, no later than 4:00 PM EST, Friday, January 26th, 2024.
2) All quotes shall include one (1) separate electronic copy of each of the Section listed below. The Sections must be clearly identified as described below (either as the title of the document or on the actual document).
3) No price information shall be included in the technical section. If pricing information is found in the technical section, the quote may be considered non-responsive and not evaluated.
B. Section I Administrative/Regulatory. Page limit: None. Please be advised that this Section is not sent for technical evaluation.
1) The vendor shall include a narrative regarding subcontractors. This narrative shall describe what tasks the prime will perform and what tasks the subcontractors will perform. The response shall also provide the subcontractor’s business name and SAM UEI number. If the offeror does not plan to use subcontractors, they need to respond accordingly. Failure to provide the requested information regarding may result in a non-responsive determination.
2) In accordance with FAR 4.1102 and FAR 52.204-7 (b)(1) offerors must be registered in the System for Award Management (SAM) database at time of quote submission and at time of award. Registration may be done online at: www.acquisition.gov or www.sam.gov.
C. Section II Technical Please Note this section is not sent for Technical Evaluation. Page limit: 20 pages including any coversheets and table of contents. Certifications are not included in the page count.
1) Vendors shall provide a detailed narrative which fully demonstrates how the offeror will meet the requirements found in the Statement of Work (SOW). A cut and paste of the SOW as the offeror’s response is not an acceptable response. Vendor shall provide a narrative of at least three previous projects of similar scope and scale for chiller and generator rental. The vendor should detail the location of the services, size of equipment, and maintenance and set-up operations performed.
D. Section IV Price. No page limit. Please note, this section is not sent to the technical evaluators.
Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice II. Evaluation of Quotations The Government will award to the lowest technically acceptable price (LPTA), based on the schedule.
| *= Required Field |
| Combined Synopsis/Solicitation Notice |
Page 1 of
Combined Synopsis/Solicitation Notice
Table of Contents
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 6 |
| B.1 CONTRACT ADMINISTRATION DATA | 6 |
| B.2 PRICE/COST SCHEDULE | 7 |
| ITEM INFORMATION | 7 |
| B.3 DELIVERY SCHEDULE | 7 |
| B.4 STATEMENT OF WORK | 8 |
| SECTION C - CONTRACT CLAUSES | 9 |
| C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 9 |
| C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 9 |
| C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 9 |
| C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 11 |
| C.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION) | 11 |
| C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019) | 12 |
| C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023) | 12 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 21 |
| SECTION E - SOLICITATION PROVISIONS | 22 |
| E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 24 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 24 |
| E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 27 |
| E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 27 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C244 Department of Veterans Affairs Network Contracting Office 4
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] Upon completion of services |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SERVICES |
| QTY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
OR Entrance Automatic Door Repair IAW the SOW.
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| Philadelphia VA Medical Center |
3900 Woodland Avenue Philadelphia, PA 19104
USA
1.00
| MARK FOR: |
| Carlos Araujo |
215-823-5800 205358 carlos.araujo@va.gov
| FOB: |
| DESTINATION |
B.4 STATEMENT OF WORK
· Scope: The selected vendor/contractor will provide all labor, material, and equipment necessary to remove, replace, upgrade, and verify correct functionality of the automatic doors that are experiencing operational issues throughout the medical center.
· Background: Currently 2 automatic doors on the OR entrance location (5A143) that are not functioning properly and require immediate repair. The doors impact exterior ingress/egress, patient movement, equipment sterilization, and overall hospital operations. The doors not functioning properly is causing hazards with the following:
· Exterior air/weather is penetrating occupied spaces creating temperature and humidity issues
· Exterior air is creating an air flow issue into elevator shafts causing elevator doors to not function properly
· Patient movements in mobile hospital beds are restricted when there is not someone available to assist with opening the doors
· Patients with disabilities are not able to travel through doors not equipped with automatic openers. Doors not functioning properly could cause injury to a patient with a disability.
· Security of the site is compromised when exterior doors are not closing and locking properly
· Doors for the sterile processing service are not functioning properly which is impacting movements of dirty and clean carts throughout the unit.
· Fire rated doors not closing properly could allow a fire to spread more easily.
· Emergency egress could be limited if the doors do not function properly.
· Performance Period: This installation should take place within 90 days of award unless otherwise specified.
· Task and Requirements: The selected contractor will provide the necessary labor, equipment, and material to repair, replace, and upgrade the following automatic doors:
· Building 2 OR (5A143) The following list of parts may need to be repaired or replaced and is not all inclusive list:
· Duel Egress Ditec Entrematic Surface Mount Handicap operator, low energy, H low profile header lzr flat scan.
· Eagle motion sensor
· Electronic panic bar
· LZR flat scan
· Other Criteria: The contractor shall coordinate all system shutdowns with facility management and the utilities shops. The contractor shall perform all tasks during hours that do not affect hospital operations. The contractor will coordinate with the Philadelphia VAMC for acceptable scheduling.
· Place of Performance: All work will be performed at the Corporal Michael J. Crescenz VA Medical Center, 3900 Woodland Ave. Philadelphia, PA 19104.
· Site Security: The contractor will not have access to sensitive information, software, programs, computers, laptops, or cell phones during this service.
· All work shall be accomplished in accordance with federal, state, local, OSHA and VA guidelines, codes, and regulations.
· Any damage caused by the contractor to the facility including but not limited to walls, ceilings, surfaces, equipment, furniture, utility lines, etc. shall be repaired to match existing conditions. Contractor shall be responsible to make these repairs at their own expense.
· Contractor is responsible for clean-up of the work site and the disposal of all waste and excess materials. Contractor shall not utilize VA waste containers to dispose of their waste and materials. All waste and excess materials shall be removed from the facility and disposed of properly by the contractor.
36C24424Q0307
Page 1 of Page 1 of Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
| FAR Number |
| Title |
| Date |
| 52.212-4 |
| CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES |
NOV 2023
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2018 |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| AUG 2020 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| MAR 2023 |
C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.
(End of Clause)
C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001;
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;
(4) Invoice payment has the meaning given in FAR 32.001; and
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Clause)
C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Clause) (End of Addendum to 52.212-4) C.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)
(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.
(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).
(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.
(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.
(End of Clause)
C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)
(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.
(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.
(End of Clause) C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
[] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).
[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).
[] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).
[] (ii) Alternate I (DEC 2023) of 52.204–30.
[] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
[] (14) [Reserved] [] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
[X] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (17) [Reserved] [] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-6.
[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-7.
[] (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).
[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (NOV 2016) of 52.219-9.
[] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (JUN 2020) of 52.219–9.
[] (v) Alternate IV (SEP 2023) of 52.219–9.
[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[] (ii) Alternate I (MAR 2020) of 52.219-13.
[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[] (25) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).
[X] (26) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)).
[] (ii) Alternate I (MAR 2020) of 52.219–28.
[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[] (30) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (NOV 2023) (E.O. 13126).
[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
[] (ii) Alternate I (FEB 1999) of 52.222-26.
[] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[] (ii) Alternate I (JUL 2014) of 52.222-35.
[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
[] (ii) Alternate I (JUL 2014) of 52.222-36.
[] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
[] (44)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (OCT 2015) of 52.223-13.
[] (45)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-14.
[] (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
[] (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (48) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
[] (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[] (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[] (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[] (ii) Alternate I (JAN 2017) of 52.224-3.
[] (52)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).
[] (ii) Alternate I (OCT 2022) of 52.225–1.
[] (53)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[] (ii) Alternate I [Reserved].
[] (iii) Alternate II (DEC 2022) of 52.225-3.
[] (iv) Alternate III (NOV 2023) of 52.225-3.
[] (v) Alternate IV (OCT 2022) of 52.225-3.
[] (54) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (56) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[] (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
[] (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
[X] (59) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).
[] (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[] (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (62) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).
[] (63) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[] (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[] (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
[] (67)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[] (ii) Alternate I (APR 2003) of 52.247-64.
[] (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
| Employee Class |
| Monetary Wage-Fringe Benefits |
| N/A |
| N/A |
[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).
(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).
(B) Alternate I (DEC 2023) of 52.204–30.
(viii) 52.219–8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
(xi) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xiii) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xvi)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
Page 1 of Page 1 of
Page 1 of Page 1 of
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
See attached document: Philadelphia - SCA WD 2015-4233 Rev 27 dtd 6-30-2023.
Page 1 of Page 1 of
Page 1 of Page 1 of
SECTION E - SOLICITATION PROVISIONS
| FAR Number |
| Title |
| Date |
| 52.212-1 |
| INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES |
SEP 2023
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:
52.212-1 Instructions to Offerors -- Commercial Items (OCT 2018) applies to this acquisition.
Addenda to 52.212-1:
Reference word “offer”: delete “offer” and insert “quote” in its place.
Reference word “offeror”: delete “offeror” and insert “vendor” in its place.
Reference paragraph (c) period for acceptance of quotes: delete “30 calendar days” and insert “60 calendar days” in its place.
The following paragraphs are hereby deleted from this provision: (d) product samples, (e) multiple offers, and (h) multiple awards.
Quote Submission Instructions:
The site visit is currently scheduled as follows:
Failure to arrive on time may result in a refusal to participate in the site visit.
Meeting time/location: Tuesday, January 23rd, 2024 @ 9:00 AM EST.
Philadelphia VA Medical Center Building 5 3900 Woodland Avenue Philadelphia, PA 19104
Vendors are advised they are only to reach out to the POC if they are lost trying to find the meeting location. Any requests for information, questions, sign-ups, etc. are REQUIRED to be directed to the contracting office.
POC:
Carlos Araujo – (215) 823-5800 ext: 205358 This site visit is not mandatory. All vendors wishing to attend the site visit shall submit the following information to jennifer.beiswenger@va.gov by 01/22/2024 @ 4:00 PM Eastern Time.
1. Company Name
2. Attendees (limited to three per vendor)
3. Contact number
4. Email address
A. Failure to follow the instructions below may result in elimination from award consideration or a non-responsive determination.
1) Quotes shall be submitted via email to Jennifer Beiswenger at jennifer.beiswenger@va.gov, no later than 4:00 PM EST, Friday, January 26th, 2024.
2) All quotes shall include one (1) separate electronic copy of each of the Section listed below. The Sections must be clearly identified as described below (either as the title of the document or on the actual document).
3) No price information shall be included in the technical section. If pricing information is found in the technical section, the quote may be considered non-responsive and not evaluated.
B. Section I Administrative/Regulatory. Page limit: None. Please be advised that this Section is not sent for technical evaluation.
1) The vendor shall include a narrative regarding subcontractors. This narrative shall describe what tasks the prime will perform and what tasks the subcontractors will perform. The response shall also provide the subcontractor’s business name and SAM UEI number. If the offeror does not plan to use subcontractors, they need to respond accordingly. Failure to provide the requested information regarding may result in a non-responsive determination.
2) In accordance with FAR 4.1102 and FAR 52.204-7 (b)(1) offerors must be registered in the System for Award Management (SAM) database at time of quote submission and at time of award. Registration may be done online at: www.acquisition.gov or www.sam.gov.
C. Section II Technical Please Note this section is not sent for Technical Evaluation. Page limit: 20 pages including any coversheets and table of contents. Certifications are not included in the page count.
1) Vendors shall provide a detailed narrative which fully demonstrates how the offeror will meet the requirements found in the Statement of Work (SOW). A cut and paste of the SOW as the offeror’s response is not an acceptable response. Vendor shall provide a narrative of at least three previous projects of similar scope and scale for chiller and generator rental. The vendor should detail the location of the services, size of equipment, and maintenance and set-up operations performed.
D. Section IV Price. No page limit. Please note, this section is not sent to the technical evaluators.
II. Evaluation of Quotations The Government will award to the lowest technically acceptable price (LPTA), based on the schedule.
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Provision)
| FAR Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
| 52.204-16 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING |
| AUG 2020 |
| 52.229-11 |
| TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION |
| JUN 2020 |
E.2 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…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .