4B N4033921RS012.pdf
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SEE ADDENDUM
(No Collect Calls)
N4033921RS012 05-Jan-2021
b. TELEPHONE NUMBER
973-1785-4364
8. OFFER DUE DATE/LOCAL TIME
04:00 PM 14 Jan 2021
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 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.
N403399. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
ELIZABETH SANTOS
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
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
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
M9400021RX00001
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
NAVSUP FLC BAHRAIN CODE 200
SHORE SUPPORT DIVISION PSC 851, BOX 430
FPO AE 09834-0005
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 M94000 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
TF 51/5TH MARINE EXPEDITIONARY BRIGADE
PASCAL DEMEO
BLDG 100
NAVAL SUPPORT ACTIVITY
JUFFAIR
TEL: 318-345-7001 FAX:
1785-4416FAX:
TEL: 1785-4186
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,250
NAICS:
325211
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 OF59
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.
N4033921RS012
Section SF 1449 - CONTINUATION SHEET
PRICE BREAKDOWN
DESCRIPTION UNIT
PRICE ($)
(A)
VAT ($)
(B)
TOTAL UNIT
PRICE
(A+B)
QTY
(Each)
EXTENDED
AMOUNT ($)
1. Room 201A Supply and fixing of fiber glass partition with aluminum frame and stand. (Block 1).
2. Room 201A Supply and fixing of fiber glass partition with aluminum frame and stand. (Block 2)
3. Room No 202 A, Supply and fixing of glass tint
4. Room No 202 A. Supply and fixing of fiber glass partition with aluminum frame and stand
5. Room No 202 A. Supply and fixing of straight shaped tempered clear glass with stainless steel brackets.
6. Room No 202 A Supply and fixing of straight shaped tempered clear glass with stainless steel brackets.
7. Room No 202 A Supply and clear glass with stainless steel
8. Room No 202 A Supply and clear glass with stainless steel
9. Room No 202 A Supply and clear glass with stainless steel
10. Room No 202 A Supply and clear glass with tint
11. Room No 205 , Supply and fixing of fiber glass partition with aluminum frame and stand
12. Room No 216A Supply and clear glass with stainless steel brackets
13. Room No 222F Supply and clear glass with stainless steel
14. Room No 222F Supply and aluminum frame and stand.
15. Room No 222F Supply and clear glass with stainless steel
16. Room No 222F Supply and clear glass with stainless steel
17. Room No 222F Supply and clear glass with stainless steel
18. Room No 222F Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
19. Room No 222F Supply and fixing of fiber glass partition with aluminum frame and stand.
20. Room No 223D Supply and fixing of fiber glass partition with aluminum frame and stand.
21. Room No 301 Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
22. Room No 301 Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
23. Room No 303 IOC Supply and installation of U Type Tempered glass on top of the each table and race the fiber glass.
24. Room No 308 Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
25. Room No 308 Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
26. Room No 317 Supply and fixing of straight shaped tempered clear glass with stainless steel
STATEMENT OF WORK
TF51/5 COVID MITIGATION GLASS
1. Background: The purpose of this Statement of Work (SOW) is to outline requirements in support of COVID-
19 mitigation barriers in Naval Amphibious Force, Task Force 51/5th Marine Expeditionary Brigade (TF 51/5th
MEB) workspaces.
1.1. Holidays/Weekends: Contractor may be required to work during Local/or United States’ holiday/weekend periods.
2. Location(s): Multiple office spaces in Building 100 aboard Naval Support Activity Bahrain.
2.1. Room numbers: 201A, 202A, 205, 216 A, 222F, 223 D, 301, 303 IOC, 308, 317, 319N
3. Requirements:
3.1. Access: The Contractor is responsible for all required coordination with military authorities, to obtain base passes or area passes that provide appropriate access for their drivers and vehicles to military facilities.
3.2. Materials: The Contractor is responsible for providing all necessary materials to create and install barriers consisting of clear fiberglass, aluminum frames, and stands in the identified workspaces. The specifications for the height and width are identified in the GENERIC SPECIFICATIONS and drawings/layout.
27. Room No 317 Supply and clear glass with stainless steel
28. Room No 317 Supply and aluminum frame and stand
29. Room No 317 Supply and clear glass.
30. Room 319N Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
GRAND TOTAL $
3.3. Contractor Point of Contact: The Contractor shall provide a single English speaking Point of Contact
(POC) in case they need to be contacted for emergencies. This POC shall be available by phone during normal working hours.
3.4. Contractor Personnel: Contractor Personnel will be escorted at all times while performing work in
Building 100.
4. The Technical Point of Contact (TPOC): the TPOC is the identified person on-site to coordinate any instruction and/performance of this SOW. The TPOC shall receive and account for all items and services to be delivered. The contractor shall contact the TPOC for the delivery of all equipment, supplies, and services.
4.1. TPOC will monitor the Contractor’s compliance with this contract. The TPOC cannot authorize additional work outside the scope of this contract.
4.2. Only the Contracting Officer can authorize any changes to the SOW.
5. Condition: All equipment shall be serviceable and in good working condition, at time of delivery.
6. Tasks: Contractor shall be responsible for providing all skilled and otherwise qualified personnel, labor, equipment, tools, expertise, and provisions for contractor personnel, throughout the performance for the following tasks:
6.1. Confirmation: Confirmation shall be done duly via email and phone call and must be verified by the
TPOC.
6.1.1. The Contractor POC shall contact the TPOC No Later than 48 hrs. prior to the start of the period of performance to confirm the schedule for the below tasks.
6.1.2. The Contractor shall provide the TPOC a schedule with identified shifts and operators no later than 48 hrs. prior to the start of the period of performance.
7. Contractor Responsibilities:
7.1. The Contractor shall provide the requested services and perform all tasks in accordance with this SOW.
7.2. Delay:
7.2.1. In the event of delay of any scheduled item, the Contractor or Contractor POC shall notify the TPOC immediately via phone.
7.2.2. Contractor shall provide written notification of the delay to the TPOC and Contracting officer, via email, within 8 hours of the identification of the delay.
7.3. Contractor personnel shall at all times be under the supervision of the Contractor and the supervision of the U.S. Government. The Contracting Officer will bring discrepancies or noncompliance with the contract clauses, specifications, or SOW to the attention of the Contractor’s supervisor or foreman for necessary corrective action.
8. Government Responsibilities:
8.1. In the event of Government delay, the TPOC will notify the Contracting Officer and Contractor POC immediately via phone.
8.2. The TPOC will provide written notification of the delay to the Contracting Officer and Contractor POC, via email, within 8 hours of the identification of the delay.
8.3. The U.S. Government will provide an escort for Contractor personnel at all times within building 100.
9. Additional Instruction
A. The contractor shall perform pre and post assembly cleanup.
B. The contractor shall submit with the offer a complete list of specifications and details.
C. The contractor shall ensure pricing is inclusive of all delivery, assembly, pre and post assembly cleanup.
D. Delivery and installation is required NLT 8 weeks or sooner after receipt of order (ARO).
E. Contractor can coordinate with the below TPOC to deliver for installation.
Delivery and installation location:
Attention: Mr. Marc Remaccson (Phone +973 1785-9736)
NSA BAHRAIN Bldg. 100
1 Juffair Avenue, Kingdom of Bahrain
INVOICE INSTRUCTIONS
Invoicing and payments shall be administered IAW FAR 52.212-4(g) and 52.212-4(i).
An invoice shall be submitted after the contract delivery completion. No advance payments will be made under this contract.
The contractor shall submit the invoice to and coordinate all invoicing and payment processing related matters with
Pascal DeMeo
Phone: +973-1785-0305
Email: pascal.demeo@me.usmc.mil
GENERIC SPECIFICATIONS
mailto:pascal.demeo@me.usmc.mil
DESCRIPTION DIMENSION UNIT OF
ISSUE
QTY
1. Room 201A Supply and fixing of fiber glass partition with aluminum frame and stand.
(Block 1)
41.5cm H x 166.5cm W x 8mm thick
EA 1
2. Room 201A Supply and fixing of fiber glass partition with aluminum frame and stand.
(Block 2)
125cm H x 206.5cm W x 8mm thick
EA 1
3. Room No 202A, Supply and fixing of glass tint
185 cm H x 90 cm W Black EA 5
4. Room No 202A. Supply and fixing of fiber glass partition with aluminum frame and stand
183 cm H x 60 cm W/75cm H x
70cm W
EA 16
5. Room No 202A. Supply and fixing of straight shaped tempered clear glass with stainless steel brackets.
S 160 cm H x 70 cm W x 6 mm thick
EA 2
6. Room No 202A Supply and fixing of straight shaped tempered clear glass with stainless steel brackets.
620 cm H x 68 cm W/20cm x
68 cm/20cm x 68cm x 6mm thick
EA 2
7. Room No 202A Supply and fixing of straight shaped tempered clear glass with stainless steel brackets.
183 cm H x 60 cm W x 8mm thick
EA 2
8. Room No 202A Supply and fixing of straight shaped tempered clear glass with stainless steel brackets.
77 cm H x 70 cm W x 6mm thick
EA 2
9. Room No 202A Supply and fixing of straight shaped tempered clear glass with stainless steel brackets.
80 cm H x 75 cm W x 6mm thick
EA 3
10. Room No 202A Supply and fixing of straight shaped tempered clear glass with tint
183 cm H x 90 cm W/160cm x70cm H x 8mm thick
EA 2
11. Room No 205 , Supply and fixing of fiber glass partition with aluminum frame and stand
167 cm H x 152 cm W x 8mm thick
EA 1
12. Room No 216A Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
167cm H x 140cm W x 8mm thick
EA 7
13. Room No 222F Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
160cm H x 52cm W x 6mm thick
EA 1
14. Room No 222F Supply and fixing of fiber glass partition with aluminum frame and stand.
170cm H x 60cm W/100cm H x
70cm W x 6mm thick
EA 2
15. Room No 222F Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
75cm H x 60cm W x 6mm thick EA 2
16. Room No 222F Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
167cm H x 90cm W/75cm H x
52cm W x 8mm thick
EA 2
17. Room No 222F Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
167cm H x 90cm W x 8mm thick
EA 1
18. Room No 222F Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
458cm H x 52cm W x 6mm thick
EA 1
19. Room No 222F Supply and fixing of fiber glass partition with aluminum frame and stand.
166cm H x 60cm/95cm H x
60cm W x 6mm thick
EA 2
20. Room No 223D Supply and fixing of fiber glass partition with aluminum frame and stand.
170cm H x 60cm/170cm H x
30cm W x 6mm T
EA 3
21. Room No 301 Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
170cm H x 145cm W x 8mm thick
EA 1
22. Room No 301 Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
170cm H x 120cm W x 8mm thick
EA 1
23. Room No 303 IOC Supply and installation of U Type Tempered glass on top of the each table and race the fiber glass.
122 cm L x 90 cm H x 6mmT
92cm L x 90 cm H x 92cm L x
90 cm H x 6mm T
EA 20
24. Room No 308 Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
167cm H x 108cm W/167cm H x 110cm W x 8mm thick.
EA 1
25. Room No 308 Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
166cm H x 110cm W x 8mm
EA 4
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lot
Mitigation Glass
FFP
The contractor shall supply and install mitigation glass barriers as per the SOW, itemized breakdown and GENERIC SPECIFICATIONS herein.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and
Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
MILSTRIP: M9400021RX00001
PURCHASE REQUEST NUMBER: M9400021RX00001
PSC CD: 9330
NET AMT
26. Room No 317 Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
167cm H x 60cm W x 8mm thick
EA 3
27. Room No 317 Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
313cm H x 52cm W x 6mm thick
EA 1
28. Room No 317 Supply and fixing of fiber glass partition with aluminum frame and stand
66 cm H x 90 cm W /93cm H x
60 cm w
EA 1
29. Room No 317 Supply and fixing of straight shaped tempered clear glass.
160 cm L x 54 cm H x 6 mm T
EA 2
30. Room 319N Supply and fixing of straight shaped tempered clear glass with stainless steel brackets
175cm H x 52cm W x 6mm
EA 1
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 8 wks. ADC 1 TF 51/5TH MARINE EXPEDITIONARY
BRIGADE
PASCAL DEMEO
BLDG 100
NAVAL SUPPORT ACTIVITY
JUFFAIR
318-345-7001
FOB: Destination
M94000
CLAUSES INCORPORATED BY REFERENCE
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-7 System for Award Management OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018
52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other
Covered Entities.
JUL 2018
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.222-50 Combating Trafficking in Persons OCT 2020
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
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
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
MAY 2019
252.211-7003 Item Unique Identification and Valuation MAR 2016
252.225-7995 (Dev) Contractor Personnel Performing in the United States Central
Command Area of Responsibility (Deviation 2017-O0004)
SEP 2017
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7008 Assignment of Claims (Overseas) JUN 1997
252.232-7010 Levies on Contract Payments DEC 2006
252.232-7017 Accelerating Payments to Small Business Subcontractors--
Prohibition on Fees and Consideration
APR 2020
252.244-7000 Subcontracts for Commercial Items OCT 2020
252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in 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.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds
"will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)
(a) Definitions. As used in this clause--
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means--
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the
Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means--
(1) Defense articles or defense services included on the United States Munitions List set forth in the International
Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export
Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such
Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR
4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the
Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and
Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
https://dibnet.dod.mil/ https://dibnet.dod.mil/
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--
REPRESENTATION (NOV 2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. The Offeror represents that--
(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
https://www.sam.gov/
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations
Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the
Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.
Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the
Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent
Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA
Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC
20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point
(DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award
Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the
Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) Reserved.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS
Paragraph (b) “Submission of offers” of 52.212-1 “Instructions to Offerors—Commercial Items” is revised to read as follows:
This solicitation is issued…
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