41.Solicitation_N3225324Q0020_Validated.pdf

SEE ADDENDUM

(No Collect Calls)

N3225324Q0020 12-Jan-2023

b. TELEPHONE NUMBER

808-473-8000 X5884

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 18 Jan 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N322539. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KYLIE S KELLER

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N322532RC93002

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

PEARL HARBOR NAVAL SHIPYARD & IMF

667 SAFEGUARD ST., STE 100,

JBPHH HI 96860-5033

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 808-473-8000 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,500,000

NAICS:

811310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF49

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N3225324Q0020

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Job

Kuraki HBM Preventive Maintenance

FFP

The contractor shall provide all management, parts, labor, materials, supplies, transportation and tools required for preventive maintenance on Kuraki KBT-11ZP CNC Horizontal Boring Mill (HBM) FOB: Destination

PURCHASE REQUEST NUMBER: N322532RC93002

PSC CD: J049

NET AMT

OPTION Kuraki HBM Preventive Maintenance

FFP

The contractor shall provide all management, parts, labor, materials, supplies, transportation and tools required for preventive maintenance on Kuraki KBT-11ZP CNC Horizontal Boring Mill (HBM) FOB: Destination

OPTION Kuraki HBM Preventative Maintenance

FFP

The contractor shall provide all management, parts, labor, materials, supplies, transportation and tools required for preventive maintenance on Kuraki KBT-11ZP CNC Horizontal Boring Mill (HBM)

FFP

The contractor shall provide all management, parts, labor, materials, supplies, transportation and tools required for preventive maintenance on Kuraki KBT-11ZP CNC Horizontal Boring Mill (HBM)

FFP

The contractor shall provide all management, parts, labor, materials, supplies, transportation and tools required for preventive maintenance on Kuraki KBT-11ZP CNC Horizontal Boring Mill (HBM)

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 22-JAN-2024 TO

21-JAN-2025

N/A N/A

1001 POP 22-JAN-2025 TO

21-JAN-2026

N/A PEARL HARBOR NAVAL SHIPYARD &

IMF

KYLIE S KELLER

667 SAFEGUARD ST., STE 100,

JBPHH HI 96860-5033

808-473-8000 X5884

N32253

2001 POP 22-JAN-2026 TO

21-JAN-2027

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 21-JAN-2027 TO

22-JAN-2028

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 21-JAN-2028 TO

22-JAN-2029

N/A (SAME AS PREVIOUS LOCATION)

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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS) Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility

Kuraki CNC Horizontal Boring Mill Preventive Maintenance Inspection and Remedial Services

1. Background:

1.1. Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility (PHNSY & IMF) is a

US Navy regional industrial center that maintains, overhauls, and repairs various vessels of the US Navy. Its industrial operations provide the US naval forces with a wide range of services and resources located on the island of Oahu, Hawaii, with direct and indirect support to SSN 688 and 774 class submarines, surface vessels and shore based activities in the Pacific

2. Objective and Scope:

2.1. The Contractor shall supply a Manufacturer Trained Certified Technician to perform annual preventive maintenance services on 1EA. Kuraki KBT-11ZP CNC Horizontal Boring Mill (HBM). The Contractor shall perform on-site, preventive maintenance, repair, calibration, re-leveling, and remedial services (repairs required outside scope of annual preventive maintenance), to include an inspection report on 1EA. Kuraki CNC

HBM.

Manufacturer Model Serial no Location KURAKI KBT-11ZP C2296 Bldg. 67

3. Performance Requirements:

3.1. Preventive Maintenance. The contractor shall provide all management, parts, labor, materials, supplies, transportation and tools required for preventive maintenance of all equipment in paragraph 2.1 in accordance with the applicable manufacturer’s manual to ensure proper operation of equipment. Contractor shall provide a contact phone number and alternate phone number for use during the contract duration. The contractor shall notify the Technical Point of Contact (TPOC) if any machine covered under this contract cannot be restored to operational status within the contract period. The Contractor shall create complete system backups, prior to and after any configuration changes to hardware or software to ensure no loss of data. All software upgrades, if required, shall be provided. The Contractor shall ensure that upgrades include all applicable software licensing agreements.

3.1.1. Preventive Maintenance Service. The Contractor shall provide one, (1) on-site preventive maintenance service within the period of performance. The PM visit shall be scheduled with Shop 31 Supervisor to avoid disruption to shop operations schedule. Preventive Maintenance Service shall be in accordance with applicable Manufacturer’s Requirements.

3.1.2. Technical Support: The Contractor shall provide technical support via telephone for any authorized adjustments, modifications, maintenance, repair, and application development of equipment operating software (listed in section 2.1). Contractor shall respond to technical support requests within 24 business hours.

3.1.3. Preventive Maintenance Parts. Parts that are replaced as part of the preventive maintenance service are included at no additional cost to the Government. Materials supplied shall be new and not refurbished or reconditioned materials.

3.2. Software Upgrades. All software upgrades, if required, shall be provided. The

Contractor shall ensure that upgrades include all applicable software licensing agreements. The Contractor shall create complete system backups, prior to and after any configuration changes to hardware or software to ensure no loss of data.

3.3. Preventive Maintenance Reports. The contractor shall submit a preventive maintenance inspection report within five (5) business days after the completion of each Preventive Maintenance and Inspection. The report shall contain at a minimum, the identification and location of equipment, the type of maintenance performed, materials or parts replaced, date of preventive maintenance, service technicians name and an assessment of the overall condition of the equipment serviced. The report shall be delivered to the Contracting Officer or designated representative.

3.4. Remedial Repairs. Remedial service repair identified during preventive maintenance shall be accomplished if completion of the repair is possible during the on-site PM visit or within the period of performance.

3.4.1 Remedial Repair Parts. Parts that are replaced as part of remedial repair is to be issued on a separate purchase order to be approved by the TPOC. Materials supplied shall be new and not refurbished or reconditioned materials. If parts are needed, it shall be installed during next on-site preventive maintenance visit.

3.4.2 Remedial Repair Reports. The Contractor shall provide a repair report to the TPOC within five (5) business days after completion of the repair. The report shall include the date and time of the remedial repairs, the identification and location of the equipment, the repairs performed, material or parts replaced, and the name of the technician performing the repairs. If a repair cannot be completed during the on-site visit, the Contractor shall provide a report which includes equipment identification, description of the needed repair, estimated time and cost to accomplish the work.

3.5. Contractor must comply with environmental guidelines specified in Appendix II of paragraph 8.0

3.6. Removal and disposal of replacement parts and materials. Contractor shall transfer replacement parts and materials, to PHNSY & IMF for proper disposal.

3.7. Hazardous Waste and Scrap Metal shall be turned over to PHNSY & IMF. For specific guidance, guidelines, and procedures governing the use and disposal of hazardous material or hazardous waste at PHNSY & IMF, direct all questions to the

TPOC.

3.8. Place of Performance. Pearl Harbor Naval Shipyard, Controlled Industrial Area (CIA), Shop 31 Bldg.67, Pearl Harbor, Hawaii.

3.9. Period of Performance. All work to be completed within twelve months after award of contract on an annual basis, for the base and four option years.

3.10 Hours of Performance. Normal Hours. All work shall be performed during normal business working hours of 0630 to 1500 hours, daily, Monday through Friday, excluding Federal Holidays.

3.11 Federal Holidays. If the Federal Holiday falls on a Saturday, the holiday is observed on the following Monday. Facilities may close due to local or national emergencies, administrative closings, or other Government directed facility closings. PHNSY & IMF typically observes an annual curtailment closure between Christmas and New Year’s, consult with TPOC for details. Contractor access to Government facilities during closures is not permitted.

3.12 Workmanship. The Contractor shall ensure that all work performed is done by a factory trained and authorized service technician and shall provide a 1-year warranty on the work performed. The warranty shall begin when all work is completed and accepted by the Government.

3.13 Service Delivery Summary Table A:

Performance Requirement

PWS

Paragraph

Notes Performance Threshold

1. Perform Preventive Maintenance Paragraphs 3.1

3.1.1 and 3.1.2, 3.1.3.

100% delivery and compliance.

2. Provide software upgrades if required.

Paragraph 3.2 100% delivery and compliance.

3. Provide a PM Inspection Report within five (5) business days after completion of PM service.

Paragraphs 3.3 100% delivery and compliance.

4. Perform Remedial Service and Repair

Paragraphs 3.4 100% delivery and compliance.

5. Remedial Repairs Parts Paragraphs 3.4.1

100% delivery and compliance.

6. Provide written Remedial Repair Report within five (5) business days after completion of PM service.

Paragraph 3.4.2 100% delivery and compliance.

8. Removal and disposal of replacement parts and materials.

Paragraph 3.5 100% delivery and compliance.

9. Hazardous waste and scrap metal to be turned in to PHNSY & IMF.

Paragraph 3.6 100% delivery and compliance.

4. Quality Assurance.

4.1. The Contractor is responsible for implementing and maintaining a Quality Control Plan

(QCP) that identifies and results in the correction of potential and actual problems. The QCP shall be implemented on the first day of contract performance and a copy of QCP shall be provided to the Contracting Officer’s Representative (COR) prior to contract performance.

4.2. The QCP shall outline the Contractor’s plan to ensure the quality of deliverables as outlined in this PWS. The QCP shall address what will be reviewed and shall outline actions to be taken by the Contractor, should the review(s) identify areas requiring remedial action.

4.3. The Contractor shall keep records of any inspections and corrective actions taken, as outlined in the QCP and shall make such records available to the COR upon request within five (5) business days.

5. Government Furnished Property and Services.

5.1. GENERAL: The Government will provide the following:

5.1.1. All reasonably required amounts of electricity for Contractor supplied tooling or test equipment.

5.1.2. Removal and disposal of Hazardous Waste, used lubricants, coolants, and cleaning solutions generated from servicing

5.1.3. No other property, utilities or services will be provided by the Government.

6. Contractor Qualifications:

6.1. The Contractor shall provide a manufacturer trained and authorized certified technician and the necessary management and administrative support associated with personnel, to perform annual preventive maintenance services.

6.2. Contractor personnel shall have a valid driver's license and a vehicle pass for base access. The Government will submit the base access request to JBPHH Security. In accordance with the Security Requirement - Appendix III (paragraph 8.0), the Government will provide escorts as required while in the CIA.

6.3. The Contractor must be able to attain and maintain a CIA badge.

6.4. Contractor employees shall clearly identify themselves as a Contractor (i.e. company shirt, badge, company identification) in a visible location on the front of exterior clothing, above the waist, (except when safety or health reasons prevent such placement). Identification badges shall be worn at all times when performing work.

6.5. The Contractor performing services shall be required to comply with all PHNSY&IMF rules, regulations and training that are applicable to conduct, safety, security, and procedures governing site entry and exit. Contractor personnel will be escorted when working in sensitive areas, as required. The TPOC will make arrangements to provide escort service if required.

7. Security Requirements:

The contractor shall pass a background check to gain access PHNSY & IMF. The contractor’s employees must be a U.S. Citizen and registered with the Defense Biometric Identification System (DBIDS). The contractor shall coordinate with the COR to obtain a gate pass at Building 3455 Pass Office. Only those individuals with favorable investigations shall be utilized on this contract. Contractor will coordinate with building 3455 Pass Office in the completion of current form SECNAV 5512/1.

Contractor personnel must meet the requirements for a “green” unescorted badge for access to areas requiring services related to this contract. Contractor will coordinate with PHNSY Security Office at building 207 in the completion of Visit Request for Pearl Harbor Naval Shipyard current form PH-SYD 5512/28.

Security Requirements: This contract does not require a security clearance level and clearance granted by the Defense Security Service (DSS). Contractor shall comply with Security requirements specified in Appendix III (paragraph 8.0).

8. Attachments:

APPENDIX I – SAFETY AND HEALTH WORK PRACTICES FOR CONTRACTORS

WORKING WITH PEARL HARBOR NAVAL SHIPYARD AND INTERMEDIATE

MAINTENANCE FACILITY (PHNSY & IMF) (AUG 2022)

APPENDIX II –ENVIRONMENTAL PROTECTION GUIDELINES for CONTRACTORS on FACILITES PROJECTS (REV 16 Oct 2019)

APPENDIX III – CONTRACTOR SECURITY REQUIREMENTS FOR PHNSY & IMF’S

CONTROLLED INDUSTRIAL AREA, CONTROLLED NUCLEAR INFORMATION

AREAS, AND/OR OTHER SENSITIVE AREAS (REV JUN 2021)

Additional Attachment

1. PHNSY & IMF OPSEC Contract Requirements (03-21-22)

OPSEC PLAN NOT REQUIRED

Contractors shall meet the requirements of all solicitation and award attachments.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

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

SEP 2023

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

NOV 2023

52.219-14 Limitations On Subcontracting OCT 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016 52.222-29 Notification Of Visa Denial APR 2015 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

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.245-9 Use And Charges APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

JAN 2023

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

DEC 2019

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

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.211-7007 Reporting of Government-Furnished Property MAR 2022 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

DEC 2022

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea 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.

ADDENDUM TO FAR 52.212-1

1. All firms or individuals responding must be registered with the System for Award Management (SAM) (https://www.sam.gov) by the award date. The solicitation document and incorporated provisions and clauses will be those in effect through Federal Acquisition Circular (FAC) 2024-01 DFARS 12/22/2023, and NMCARS 18-22.

2. Technical Approach: In order to evaluate Technical Capability, the Offeror is required to submit a detailed written technical proposal. Please submit a technical proposal (not to exceed 3 pages) that clearly demonstrates thorough knowledge and understanding of, and approach to, accomplishing each paragraph listed in the PWS and solicitation requirements. The proposal must contain sufficient details so that it may be evaluated in accordance with the PWS and comply with the period of performance set forth in the solicitation.

3. On page 1 of the solicitation document (Standard Form 1449), fill out box 17a. to include Contractor name, address, telephone number, and CAGE Code.

4. On page 3 of solicitation document, fill out the unit price and total amount for CLIN.

5. An itemize price quote that clearly and concisely describes and defines the contractor’s response to the requirements contained in the solicitation.

6. All quotation submissions need to include completion of FAR 52.204-24, 52.204-26, 52.212- 3, and 52.222-48.

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

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 124.1001", 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 the threshold at 13 CFR 124.104(c)(2) 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 more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) 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 veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), 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 the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically…