GSA FY25 Battery Replacement for a UPS RFQ.pdf

U.S. General Services Administration

GENERAL SERVICES ADMINISTRATION (GSA)

OFFICE OF ADMINISTRATIVE SERVICES (OAS)

OFFICE OF INTERNAL ACQUISITION (OIA)

GSA Information Technology (IT), Office of the Chief Information Officer (OCIO)

REQUEST FOR QUOTATION (RFQ) No: 47HAA025Q0004

GSA FY25 Replacement Batteries for an APC SYMMETRA PX Uninterruptable Power Supply (UPS)

This open-market solicitation is issued to all qualified Schneider Electric Authorized Solutions Partners

NAICS 561210 - Facilities Support Services

Solicitation issued Tuesday, July 22, 2025

Questions Due by NLT 12:00 PM EST, Monday, July 28, 2025

Quotations Due by NLT 12:00 PM EST, Friday, August 1, 2025

Table of Contents

SECTION I 1.1 Letter to Interested and Qualified Schneider Electric Authorized Solutions Partner Vendors 4 SECTION II Solicitation Information 5

2.1 General 5

2.1.1 Type of Award 5

2.1.2 Submission Information 5

2.1.3 Format 5

2.1.4 Minimum Requirements 6

2.1.5 Assumptions 6

2.2 Quotation Content 6

2.3 Quotation Evaluation 6

2.3.1 Price Quotation Evaluation 7

2.3.1.1 Evaluation of the Price Quotation 7

2.3.2 Technical/Non-Price Quotation Evaluation 7

2.3.2.1 Technical Capability 7

2.3.2.2 Adjectival Ratings for Evaluating Technical Capability 7

2.3.7 Best Value - LPTA Evaluation Process 8

3.1 General: 10

Statement of Need: 10

SECTION IV Task Order Level Terms and Conditions 11

4.1 General 11

4.2 Task Order Level Clauses 11

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 11

52.252-2 GSAM CLAUSES INCORPORATED BY REFERENCE 13

SECURITY CLAUSES INCORPORATED BY REFERENCE 14

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 14 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 17

4.3 Individuals Authorized to Commit the Government 24

4.4 Contracting Officer’s Representative (COR) 24

4.5 Funding and Payment 25

4.6 Contractor Performance Assessment Reporting System (CPARS) 26

4.7 Contractor Non-Disclosure Requirements and Organizational Conflict of Interest 27

4.8 Data Security and Privacy 27

4.9 Data Rights 27

4.10 Facilities Security 28

4.11 Ad Hoc or Situational Teleworking 28

4.12 Copyright Notice 28

SECTION I 1.1 Letter to Interested and Qualified Schneider Electric Authorized Solutions Partner Vendors

To Whom It May Concern:

The General Services Administration (GSA), Office of Chief Information Officer (OCIO) has identified a need for the purchase of FY25 Replacement Batteries for a(n) APC SYMMETRA PX Uninterruptable Power Supply (UPS).

As such, this Request for Quotation (RFQ) is being issued to qualified Schneider Electric Authorized Solutions Partners, The RFQ summary is as follows:

(1) Statement of Work for FY25 Replacement Batteries for an APC SYMMETRA PX

Uninterruptable Power Supply (UPS)

(2) Task Order Type: Firm Fixed Price (FFP)

(3) Performance Period: 8/6/2025 - 8/5/2026

(4) Questions Due by NLT 12:00 PM EST, Monday, July 28, 2025

(5) Quotations Due by NLT 12:00 PM EST, Friday, August 1, 2025

All electronic quotation submissions shall only be made via email. Any corrupt or unreadable documents shall not be considered for evaluation purposes. Any files not received by the cut-off date and time specified herein shall be deemed late and shall not be considered for evaluation.

If you have any questions regarding this RFQ, please contact GSA points of contact listed below.

GSA Contract Specialist (Primary POC):

Colin Beckford, colin.beckford@gsa.gov, 202-215-7895

GSA Contracting Officer (Alternate POC):

Sharmel Lane, sharmel.lane@gsa.gov, 202-208-7005

SECTION II Solicitation Information

2.1 General

The Government contemplates a single award of a firm fixed price order via an open market request for quote (RFQ), in accordance with FAR 13.5, assuming the quotation has met, or exceeded, the Government’s requirements in the evaluation process for best value. It is expected that Vendors will submit Quotations in accordance with the procedures and requisite requirements identified in this solicitation.

2.1.1 Type of Award

This procurement will be solicited via email as an open market RFQ. The NAICS code is 561210. This procurement shall be conducted in accordance with FAR 13.5 policies and procedures.

2.1.2 Submission Information

Responses to this RFQ shall be submitted in electronic format via email. Quotations shall not be submitted to any other parties. Vendors are hereby notified that any corrupt or unreadable documents shall not be considered for evaluation purposes. Any files not received by the cut-off date and time specified herein shall be deemed late and not considered for evaluation.

Questions pertaining to this RFQ shall be submitted by NLT 12:00 PM EST, Monday, July 28, 2025, via email. Questions received after this cut-off date shall be addressed only at the discretion of the Contracting Officer. The Government intends to provide responses to questions no later than 1 hour(s) prior to the RFQ due date.

2.1.3 Format

No paper (hard copy) quotations shall be accepted. All submitted electronic documents shall be in PDF and MS Excel format. Each page in the submitted documents shall fit on 8 ½” X 11” paper size, with all text single-spaced, using font size no less than 11 points. All text and graphics shall be legible. The Technical Quotation and Price Quotation for the task order shall be separate files. No pricing information shall be included in the Technical Quotation. Page limits are not inclusive of cover page and table of contents.

The following naming conventions for the quotation documents should be utilized:

RFQ 47HAA025Q0004 - Vendor Name - Technical/Price Quotation - Date

2.1.4 Minimum Requirements

Vendors responding to this RFQ shall meet the following minimum requirements. Quotations that fail to meet any one of these minimum requirements shall not be further evaluated and shall be deemed ineligible for award.

1. Submit complete quotation documentation in accordance with RFQ instructions.

2. Proposed prices shall be in accordance with the vendor’s publicly available price lists. The

Government is seeking additional discounts off vendors’ publicly available pricing.

3. Quotation shall be submitted by the Team Lead, if applicable; and,

4. Quotation shall identify the SAM Unique Entity Identifier (UEI) for all team members

(including Subcontractors) and each shall have current System for Award Management (SAM) registration as of the time of quotation submission.

5. Vendors shall be registered in the System for Award Management (SAM) with no active exclusions.

2.1.5 Assumptions

All assumptions shall be evaluated as part of the individual factor to which they apply. The Government reserves the right to reject any quotation that includes any assumption that may impact satisfying the Government’s requirements.

2.2 Quotation Content

Vendors are requested to provide a submission that is in accordance with the instructions in this RFQ, by completing the Statement of Work in section 3.1 or providing quotation in a similar format.

2.3 Quotation Evaluation

This acquisition will utilize the Lowest Price Technically Acceptable (LPTA) source selection method to make awards without discussions. Awards will be made on the basis of the lowest evaluated price of vendor quotations meeting or exceeding the acceptability standards for non-price factors. Price is more important than technical/non-price factors.

The Government will evaluate the quotations based on the following evaluation factors, listed in the descending order of importance:

1. Price

2. Technical Acceptability

2.3.1 Price Quotation Evaluation

The vendor shall provide detailed pricing for all CLINs on the price Statement of Work and should also provide a summary of any assumptions and exclusions.

The price Quotation will be evaluated for consistency and understanding of the requirements set forth in this RFQ and Statement of Work.

Open market items may be included on the vendor's price quotation but must be clearly marked as “open market” item(s) and shall be incidental to other items available on the vendor's GSA Multiple Award Schedule.

2.3.1.1 Evaluation of the Price Quotation

The Government will evaluate the Quoted total price for the total period of performance quoted for accuracy, consistency with the prices as approved in the vendor's schedule contract, and clearly demonstrated ability to fully meet the requirements as set forth in the RFQ and the Statement of Work.

2.3.2 Technical/Non-Price Quotation Evaluation

2.3.2.1 Technical Capability

The Government will assess whether the vendor is capable of meeting and/or exceeding all of the requirements as outlined in the RFQ and in the Statement of Work.

Specifically, the Government will evaluate for technical acceptability to determine that the technical requirements and/or features are fully addressed in the quotation response for Technical Capability. Vendors must be authorized to resell the subject brand name.

2.3.2.2 Adjectival Ratings for Evaluating Technical Capability

Each vendor’s technical quotation will be evaluated to determine if the vendor provides a sound, compliant approach that meets the requirements of this Statement of Work and demonstrates a thorough knowledge and understanding of those requirements.

The Government will review the vendor’s Quotation to determine the products offered meet the required specifications and features described in the Statement of Work.

Adjectival Rating Definitions for Evaluation Technical Capability

Adjectival Rating

Description

Acceptable Quotation sufficiently demonstrates the Vendor met all technical requirements described under the Statement of Work. There were no weaknesses found in any areas of the response to the Technical Acceptability. The Vendor provided sufficient documentation to support the product and services are established under their GSA Multiple Award Schedule.

Unacceptable Quotation demonstrates meeting some, but not all of the requirements described under the Statement of Work. At least one deficiency noted.

Products and services are not available under the Vendor’s GSA Multiple Award Schedule.

2.3.7 Best Value - LPTA Evaluation Process

Quotations must demonstrate a clear understanding of the nature and scope of the work required. Failure to provide a responsive, reasonable, and complete Quotation may reflect a lack of understanding of the requirements and may result in a Quotation receiving no further evaluation and determined ineligible for award.

One single award will be made to the responsible vendor whose Quotation conforms to the requirements outlined in this RFQ and is determined to represent the best value to the Government in terms of technical merit and proposed price.

Vendors should note that price is more important than technical/non-price factors.

Communications:

The Government intends to award without communications. Vendors shall provide their best, complete Quotation upon initial submission. The Government reserves the right to hold communications if deemed necessary by the Contracting Officer.

Government-employee representatives from the requiring program office shall provide technical evaluation of all Quotations based on the Quotations/documentation provided. The evaluations will be based on the evaluation criteria set forth above.

SECTION III Statement of Work

3.1 General:

Statement of Need:

GSA IT Facilities Management (IDTOE) currently maintains an APC SYMMETRA PX Uninterruptible Power Supply (UPS) located in the Region 4 Regional Infrastructure Closet (RIC). A Service Agreement with Schneider Electric covers maintenance but excludes parts and battery replacements. During the most recent preventive maintenance inspection, a certified technician confirmed that the existing 16 UPS batteries have reached End of Life (EOL) status.

GSA requires a qualified Vendor to execute a Modular Battery Replacement Service (MBRS).

Battery Procurement and Delivery

The selected vendor will be responsible for supplying (16) original equipment manufacturer (OEM) replacement batteries. This includes a detailed delivery process that involves carefully offloading batteries at the building's loading dock, using a large passenger elevator to transport the batteries to the Regional Infrastructure Closet, and meticulously unboxing and preparing the batteries for installation.

Installation Requirements

Installation must be conducted outside standard business hours to minimize operational disruption. The vendor will ensure each battery is correctly integrated into the UPS system.

Following installation, a comprehensive system configuration and rigorous post-installation diagnostic checks must be performed to verify full operational integrity.

Battery Disposal

The vendor will be fully responsible for the removal and environmentally compliant disposal of the existing End of Life (EOL) batteries. This process must meet all federal, state, and local environmental regulations for battery recycling and disposal. Complete documentation of the disposal process, including recycling certificates and compliance records, must be provided to GSA upon completion of the service.

Overall Objectives

• Maintain continuous power infrastructure reliability

• Minimize potential system downtime

• Ensure environmental compliance in battery disposal

• Implement manufacturer-recommended battery replacement

Final Deliverable

A fully operational APC SYMMETRA PX UPS with new batteries, restored to manufacturer specifications, supporting critical IT infrastructure continuity.

SECTION IV Task Order Level Terms and Conditions

4.1 General

The terms and conditions provided for in the vendor’s GSA Multiple Award Schedule are incorporated in this requirement. All order of precedence issues shall be governed by FAR 52.212-4(s), as supplemented and deviated from in GSAR 552.212-4.

4.1.1 Period of Performance: The Government desires services for a 12-month Period of Performance, 8/6/2025 - 8/5/2026.

4.1.2 Task Order Award: Award of the resultant task order shall be made via a bilaterally signed SF1449. Award shall consist of Firm Fixed Price Contract Line-Item Numbers (CLINs) for this requirement.

4.2 Task Order Level Clauses

In addition to the clauses set forth therein the Contractor’s GSA Multiple Award Schedule, the following additional task order level clauses are herein made a part of, and pertain to, any resultant contractual action for this task order.

4.2.1 Task Order Level Clauses Incorporated by Reference:

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

Clause No Title Date

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

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 these addresses.

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services DEC 2022

52.216-31 T&M/LH Proposal Requirements—Commercial Item Acquisition

NOV 2021

52.217-7 Option for Increased Quantity-Separately Priced Line Item MAR 1989

52.217-8 Option to Extend Services (a) NOV 1999

52.219-8 Utilization of Small Business Concerns

APR 1984

52.219-6

Notice of Total Small Business Set-Aside

MAR 2020

52.237-3 Continuity of Services JAN 1991

52.245-1 Government Property SEP 2021

52.245-9 Use and Charges APR 2012

(a) Federal Acquisition Regulation: https://www.acquisition.gov/far/

The following clauses are incorporated by reference, and made a part of, the resultant task order:

52.252-2 GSAM CLAUSES INCORPORATED BY REFERENCE

The full text of a provision may be accessed electronically at: GSAM website:

https://www.acquisition.gov/gsam/gsam.html

Clause No Clause Title Date

552.204-9 Personal Identity Verification Requirements

APR 2023

552.212-4 Contract Terms and Conditions—Commercial Items

(FAR DEVIATION)

JAN 2023

552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items

JAN 2022

552.212-72 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of

Commercial Items

JAN 2022

552.232-39 Unenforceability of Unauthorized Obligations (FAR DEVIATION) FEB 2018 https://www.acquisition.gov/far/ https://www.acquisition.gov/far/ https://www.acquisition.gov/far/

SECURITY CLAUSES INCORPORATED BY REFERENCE

Clause No Clause Title Date

FAR 52.204-2 Security Requirements MAR 2021

FAR 52.224-1 Privacy Act Notification APR 1984

FAR 52.224-2 Privacy Act APR 1984

FAR 52.239-1 Privacy or Security Safeguards AUG 1996

FAR 52.204-

Basic Safeguarding of Covered Contractor Information Systems NOV 2021

4.2.3 Task Order Level Clauses Incorporated in 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 Items. 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.

https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_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) Representation. The Offeror represents that— https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

(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.

https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104

(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.

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

(ii) 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.

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

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

(End of clause) https://dibnet.dod.mil/

52.217-8 Option to Extend Services (Nov 1999)

The government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The contracting officer may exercise the option by written notice to the contractor within 10 days of contract expiration.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 90 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty months.

(End of clause)

52.232.22 Limitation of Funds (Apr 1984)

(a) The parties estimate that performance of this contract will not cost the Government more than (1) the estimated cost specified in the Schedule or, (2) if this is a cost-sharing contract, the Government’s share of the estimated cost specified in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the estimated cost, which, if this is a cost-sharing contract, includes both the Government’s and the Contractor’s share of the cost.

(b) The Schedule specifies the amount presently available for payment by the Government and allotted to this contract, the items covered, the Government’s share of the cost if this is a cost-sharing contract, and the period of performance it is estimated the allotted amount will cover. The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule, exclusive of any fee. The Contractor agrees to perform, or have performed, work on the contract up to the point at which the total amount paid and payable by the Government under the contract approximates but does not exceed the total amount actually allotted by the Government to the contract.

(c) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of (1) the total amount so far allotted to the contract by the Government or, (2)if this is a cost-sharing contract, the amount then allotted to the contract by the Government plus the Contractor’s corresponding share. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule.

(d) Sixty days before the end of the period specified in the Schedule, the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the contract or for any further period specified in the Schedule or otherwise agreed upon, and when the funds will be required.

(e) If, after notification, additional funds are not allotted by the end of the period specified in the Schedule or another agreed-upon date, upon the Contractor’s written request the Contracting Officer will terminate this contract on that date in accordance with the provisions of the Termination clause of this contract. If the Contractor estimates that the funds available will allow it to continue to discharge its obligations beyond that date, it may specify a later date in its request, and the Contracting Officer may terminate this contract on that later date.

(f) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause-

(1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this contract; and

(2) The Contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise incur costs in excess of-

(i) The amount then allotted to the contract by the Government or;

(ii) If this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor’s corresponding share, until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this contract.

(g) The estimated cost shall be increased to the extent that (1) the amount allotted by the Government or, (2)if this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor’s corresponding share, exceeds the estimated cost specified in the Schedule. If this is a cost-sharing contract, the increase shall be allocated in accordance with the formula specified in the Schedule.

(h) No notice, communication, or representation in any form other than that specified in paragraph (f)(2) of this clause, or from any person other than the Contracting Officer, shall affect the amount allotted by the Government to this contract. In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any costs in excess of the total amount allotted by the Government to this contract, whether incurred during the course of the contract or as a result of termination.

(i) When and to the extent that the amount allotted by the Government to the contract is increased, any costs the Contractor incurs before the increase that are in excess of-

(1) The amount previously allotted by the Government or;

(2) If this is a cost-sharing contract, the amount previously allotted by the Government to the contract plus the Contractor’s corresponding share, shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or other notice and directs that the increase is solely to cover termination or other specified expenses.

(j) Change orders shall not be considered an authorization to exceed the amount allotted by the Government specified in the Schedule, unless they contain a statement increasing the amount allotted.

(k) Nothing in this clause shall affect the right of the Government to terminate this contract. If this contract is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each.

(l) If the Government does not allot sufficient funds to allow completion of the work, the Contractor is entitled to a percentage of the fee specified in the Schedule equalling the percentage of completion of the work contemplated by this contract.

(End of clause)

GSAM 552.217-71 Notice Regarding Option(s) (Nov 1992)

The General Services Administration (GSA) has included an option to “extend the term of this contract” in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA’s quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor’s past performance under this contract in accordance with 48CFR517.207.

(End of provision)

4.3 Individuals Authorized to Commit the Government

For purposes of the resultant Task Order, only the GSA OIA Contracting Officer, acting within the scope of their warrant authority, are empowered to execute contract actions, and any necessary modifications thereto.

The Contracting Officer is the only person authorized to approve any changes in the scope of work for this requirement. In the event the contractor affects any changes at the direction of any person other than the Contracting Officer, the changes shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase of expenses incurred as a result thereof.

The Primary Contracting Officer for the Task Order shall be as follows:

Sharmel Lane, sharmel.lane@gsa.gov, 202-208-7005

4.4 Contracting Officer’s Representative (COR)

Any individual delegated as the Contracting Officer’s Representative (COR) under the resultant Task Order shall be limited to technical cognizance and performance oversight. The COR shall not at any time execute contract actions or modifications therein. The Contracting Officer shall issue a formal COR appointment letter, to be included with the resultant task order award package and shall provide a copy to the Contractor. Responsibilities and limitations on authority specific to the resultant Task Order shall be identified within the appointment letter. Any changes to the COR or assigned duties therein shall be made in writing by the Contracting Officer.

The Contracting Officer's Representative (COR) and/or Program Manager shall assist in monitoring the contractor’s performance. The contractor’s performance shall be evaluated by the COR and Program Manager unless otherwise required.

The COR shall contact the Contracting Officer for any changes needed on the requirement. The Primary Contracting Officer’s Representative and Technical Point of Contact for the Task Order shall be as follows:

Contracting Officer Representative Teresa Halsell, teresa.halsell@gsa.gov, 202-208-2440

Technical Point of Contact Rod Jones, rod.jones@gsa.gov, 404-331-1604

4.5 Funding and Payment

Prompt Payment Requirements: Payments will be processed in accordance with FAR Clause 52.212-4(i) Payments as supplemented and deviated from in GSAM Clause 552.212-4.

INVOICES: The Contractor shall submit invoice after delivery in accordance with the Government’s requirements in the Statement of Work (SOW).

Submission of Original Invoices:

Invoices shall be submitted no later than fifteen calendar days following performance and/or delivery. The invoice must be accompanied by any applicable monthly status reports submitted during that period. The COR and CO shall receive a copy of the invoice and all supporting documentation. This can be done before, but no later than, the same time as invoice submission to the GSA Finance Office.

Invoices are authorized for payment upon the Government’s receipt and acceptance of deliverables specified in the contract and the receipt of a valid invoice. Invoices, to be proper and payable, must include the following information:

1. Name and address of the Contractor, and

2. Invoice date and number, and

3. Contract/Order Number (as listed in Block 2 and 4 on Form SF1449) and Pegasys

Document Number (PDN) (GD followed by [PIID Number as listed in Block 4 on Form SF1449]), any Contract Line-Item Numbers (CLINs), and the Program/Project Title and

4. Description of the services/products provided including CLIN number and description, quantity, unit of measure, unit price and extended price of the item(s) delivered; period of service and/or dates that services were provided, etc., and;

5. Name and address of the contractor’s authorized representative to whom payment is to be sent, and;

6. Name, title, and phone number of the contractor’s PoC to be notified in the event of defective invoice; and;

7. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice and ensure the SAM.gov profile for the contractor is complete including the payment remittance address and bank details.

The Contractor shall submit an original invoice for payment to GSA Finance Center.

PBS PAYMENTS BRANCH

P.O. BOX 17181

Fort Worth, TX 76102

Copies of invoices shall be emailed to the designated Contracting Officer Representative (COR) that will be appointed following the award of this contract.

Copies of invoices shall be emailed to the designated Contract Specialist and Contracting Officer.

Please Note: Failure to send both copies could delay your payment.

When invoicing GSA, ensure all data listed in Items 1-7 above are present on the invoice. All invoices should be submitted electronically. Password and electronic invoice access is obtained through GSA's WebVendor website, https://finance.ocfo.gsa.gov/defaultexternal/defaultexternal.aspx.

For assistance with how to setup electronic invoicing or payment related information, please contact GSA Finance Customer Support (800) 676-3690 or FW-CustomerSupport@gsa.gov.

A copy of the invoice must be sent to the COR/Program Office POC, Teresa Halsell, teresa.halsell@gsa.gov, 202-208-2440, for approval. A courtesy copy of the invoice must also be sent to the Contract Specialist, Colin Beckford, colin.beckford@gsa.gov and Contracting Officer, Sharmel Lane, sharmel.lane@gsa.gov, 202-208-7005, for the official contract file.

FINAL INVOICE: The Contractor shall submit with a GSA Form 1142- Release of Claims with submission of the final invoice at the end of the period of performance. A copy of the form should be sent via email to the Contracting Officer and to the Contract Specialist and COR identified as the Government POCs in the RFQ.

4.6 Contractor Performance Assessment Reporting System (CPARS) GSA IT shall prepare evaluations of contractor’s performance under the resultant task order.

In addition to a final CPARS assessment, interim evaluations shall also be completed annually.

The contractor shall designate an appropriate point of contact (including name, telephone number and email) for use in registration of the resultant task order in the CPARS system for use in completing performance assessments. Performance assessments will be routed to this individual through the CPARS portal for coordinating comments with the Contractor in accordance with FAR Section 42.1502. Any updates to the identified point of contract shall be made in writing to the Contracting Officer within five (5) business days to ensure timely update of the communication matrices housed within the CPARS portal.

4.7 Contractor Non-Disclosure Requirements and Organizational Conflict of Interest

a. Contractors may require access to program sensitive information or pre-decisional, sensitive information, and may be required to complete non-disclosure forms. The forms will restrict any use of inside information as procurement sensitive. Non-disclosure forms will be kept on file with the COR.

b. The Contractor may have access to information by virtue of their performance under this contract that could give rise to a potential (real or perceived) Organizational Conflict of Interest (OCI). Therefore, the Contractor shall ensure that it remains free from or satisfactorily mitigates any potential (real or perceived) OCI associated with this effort by providing written notice, and its proposed mitigation plan, to the Contracting Officer as soon as practicable after identifying the potential OCI. The Contracting Officer will consider the proposed mitigation plan and take whatever steps necessary to protect the Government’s best interest.

4.8 Data Security and Privacy

The contractor shall be responsible for properly protecting all information used, gathered, disclosed, or developed as a result of work under this contract. The contractor shall also protect all government data by treating information as sensitive. All information gathered or created under this contract shall be considered as confidential information. It is anticipated that this information will be gathered, created and stored within the primary work location. If contractor personnel must remove any information from the primary work area, they should protect it to the same extent they would their proprietary data and/or company trade secrets. The information shall not be disclosed, copied, modified, used (except in completion of a task order) or otherwise disseminated to any other person or entity at any time to include, but not limited to inclusion in any database external to GSA without GSA's expressed consent.

The use of this data is subject to the Privacy Act and will be utilized in full accordance…