A.02.01 Combined Solicitation Synopsis_Group 3_20210802.pdf

Norfolk District Combined Solicitation Synopsis W9123621R5038 Janitorial Services Group 3

This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) subpart 12.6 and subpart 13 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. Solicitation number W9123621R5038 is issued as a Request for Quotations (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-05 effective March 10, 2021, FAR Class Deviation 14-01 (DEC 2014), FAR Class Deviation 2019-01 Rev 1 (AUG 2020), FAR Class Deviation 20-04 Rev 1(AUG 2020), FAR Class Deviation 2020-05 (APR 2020), and FAR Class Deviation 2020-05 Rev 2(DEC 2020).

NORTH AMERICAN INDUSTRY CLASSIFICATION STANDARD CODE:

The applicable North American Industry Classification Standard Code is 561720. The small business size standard is $19,500,000.00. This solicitation is issued as a 100% Total Small Business Set Aside. All responsible small business sources may submit a quotation, which shall be considered by the agency.

It is anticipated that one (1) firm fixed price contract will be awarded as a result of this synopsis/solicitation.

SOLICITATION DOCUMENTS:

Attachment 1: Bid Schedule Attachment 2: Statement of Work

REQUIRED SUBMITTALS:

1- Completed Bid Schedule (Attachment 1) with supporting price documentation 2- Signed Solicitation Amendments ( if applicable ) 3- Technical information requested, outlined on pg. 4

AGENCY INFORMATION:

Jack Bass Contract Specialist

(757) 201-7385 Jack.B.Bass@usace.army.mil

Stormie Wicks Contracting Officer

(757) 201-7215 Stormie.B.Wicks@usace.army.mil

Terrie Simmons Contracting Officer’s Representative

(757) 201-7203 Terrie.R.Simmons@usace.army.mil

PERIOD OF PERFORMANCE: The period of performance is anticipated Base Year + 2 Option Years if exercised. Contractors that have this capability are invited to submit quotations in accordance with the requirements stipulated in this solicitation.

PLACE OF PERFORMANCE: The place of performance will be at the specified location for Janitorial Services in accordance with the subject Statement of Work.

Services Group 3

Prior to being considered for contract award, a pre-award survey will be required for any contractor identified for serious consideration for award and who does not have a current (past six months), positive history of successful completion of projects similar in size and scope (or larger). The survey is used as an indication if a contractor has the qualifications to do the work.

QUESTIONS: The last day for questions regarding this solicitation is 2 days prior to RFQ due date. Email questions to Contract Specialist and Contracting Officer. All questions need to identify the solicitation number W9123621R5038 and will be answered by an Amendment.

Wage Determination:

All Cities: Wage Determination No.: 2015-4341 Rev No. 16 Date of Rev 06/24/2021

Locations/Sq. Footage

Chesapeake: 4107 Portsmouth Blvd, Unit 9, 23321 – 2000 Sq. Feet

Chesapeake: 1437 Sam’s Drive, 40, 50 & 70, 23320 – 5600 Sq. Feet

Virginia Beach: 3809 Princess Anne Rd, #120, 23456 – 1200 Sq. Feet

Virginia Beach: 3813 Princess Anne Rd, #127, 23456 – 750 Sq. Feet

Virginia Beach: 1115 Independence Blvd #215, 23455 – 1200 Sq. Feet

Virginia Beach: 1115 Independence Blvd #114, 23455 – 4934 Sq. Feet

Virginia Beach: 829 Lynnhaven Pkwy Unit 9&20, 23452 – 1500 Sq. Feet

Portsmouth: 3537 Airline Blvd, Unit 5, 23701 – 1500 Sq. Feet

Please note, there is no official government site visit and floor plans for each site are not available.

There is an option for offeror(s) to schedule a site visit by calling the numbers listed below, if you wish to visit each location. Please note if you do choose to visit the site(s), no questions may be answered at the site visit, please refer to the solicitation for instructions on submitting questions:

Points of Contact

Chesapeake – 4107 Portsmouth Blvd, Unit 9, 23321:

Navy – (757) 488 -2823 Marines – (757) 488-6041

Services Group 3

Chesapeake: 1437 Sam’s Drive, 40, 50 & 70, 23320:

Army – (757) 547-5148 Navy – (757) 547-0011 Marines – (757) 547-0186 Air Force – (757) 576-1459

Virginia Beach: 3809 Princess Anne Rd, #120, 23456 Army – (757) 622-4975

Virginia Beach: 3813 Princess Anne Rd, #127, 23456 Marines – (757) 416-2242

Virginia Beach: 1115 Independence Blvd #215, 23455 Air Force – (757) 460-5166

Virginia Beach: 1115 Independence Blvd #114, 23455 Army – (757) 490-9267 Navy – (757) 378-8160 Marines – (757) 456-0259 Air Force – (240) 563-1384, (240) 479-0596

Virginia Beach: 829 Lynnhaven Pkwy Unit 9&20, 23452 Army – (757) 486 – 1221 Navy – (757) 471-9817

Portsmouth: 3537 Airline Blvd, Unit 5, 23701 Army – (757) 465-5439

SUBMISSION OF QUOTES: E-mail quotations shall be sent to the Contract Specialist. Please indicate W9123621R5038 in the subject line. Contractor must affirm that the pricing provided from the quote shall be valid for 90 days from quote submission. Quotes are due by 2:00 PM EDT 11 August 2021.

Statement of Requirement

The proposed contract to be awarded by the Norfolk District Army Corps of Engineers shall be for Janitorial Services to the Norfolk District Combined Solicitation Synopsis W9123621R5038 as specified in Attachment 2 – Statement of Work. Contractor shall provide all labor, materials, necessary to meet the requirements of the specification.

The following clauses, provisions, and addenda applies to this acquisition:

The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition and is tailored in its entirety for simplified acquisitions:

Services Group 3

Instructions to Quoters—Commercial Items

(a) Submitting your quote. Submit your company’s quote in writing via email to the contract specialist and the contracting officer. You may submit more than one quote. If you do, we will evaluate each separately.

(b) Submission deadline. We must receive your quote at the email address specified elsewhere in the solicitation. We will not consider any quote that we receive after the deadline unless we receive it before we issue a purchase order and considering it will not delay our purchase. In case of an emergency that delays our operations and makes submission or receipt of your quote impossible, we will extend the deadline by one working day.

(c) Terms and content of your quote. Your quote must be based on the terms of this RFQ.

We might reject any quote that is not based on these terms in every respect. Your quote must contain all of the information described below.

(d) Small Business Status. In order to submit a quote, you must know whether your company is a small business. The small business size standard that applies to this purchase is stated in elsewhere in this solicitation, along with the North American Industry Classification System (NAICS) code on which it is based. Regardless of the information in the solicitation the small business size standard is $19,500,000.00 if you are submitting your quote in your own name but intend to provide a product that you did not manufacture yourself.

(e) Issuance of purchase order. Your quote should contain your best terms. The Contracting Officer may reject any or all quotes. After the evaluation of quotes, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing a purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR Part 15.

(f) The Contracting Officer may issue a contract to other than the quoter with the lowest price.

(g) Information to be submitted. Put the following information on the first page of your quote:

1. the number of this RFQ;

2. your company name, address, DUNS number (see below) and telephone number;

3. your price and any discount terms;

4. acknowledgement of any amendments to this RFQ; and

5. a statement that you assent to all terms of this RFQ.

(h) Beginning on the second page of your quote, provide the following information in the following order:

1. all required technical documentation as identified in the “Technical” evaluation factor;

2. the terms of any express warranty;

3. your payment address;

4. **Optional** references to current or former customers who will attest to the quality of your product or service in the within the past three years, including (i) customer name,

(ii) customer address, (iii) contract or purchase order numbers, (iv) persons to contact, and (v) telephone numbers.

Services Group 3

(j) Availability of Government Documents. If the descriptions in this RFQ of the products or services we want to buy refer to any Government specification, standard, or commercial item description, you may obtain a copy of any such documents from the places listed in Federal Acquisition Regulation 52.212-1, paragraph (i) and listed in 52.211-3 in this RFQ.

(k) System for Award Management (SAM). Unless exempted by the Contracting Officer, you must register in SAM before we will issue a purchase order to you. If you do not register by the date set by the Contracting Officer, the Contracting Officer might issue the order to a different quoter. Once registered, you must remain registered throughout performance until final payment. Go to https://www.acquisition.gov for information on SAM registration and annual confirmation.

(l) DUNS Number (Data Universal Numbering System Number). [This applies to all quotes if the solicitation requires that you be registered in the System for Award Management (SAM).] Place the annotation “DUNS” or “DUNS+4” next to your name and address on the first page of your quote followed by the DUNS or DUNS+4 number that identifies the quoter’s name and address.

(m) If you do not have a DUNS number, contact Dun and Bradstreet to obtain one. If you are located within the United States, you may contact Dun and Bradstreet by calling 1-866- 705-5711 or via the internet at http://fedgov.dnb.com/webform.

(n) If you are located outside the United States, you must contact the local Dun and Bradstreet office for a DUNS number. Tell Dun and Bradstreet that you are a quoter for a Government contract when contacting the local Dun and Bradstreet office.

(o) The DUNS+4 is the DUNS number plus a 4-character suffix that you may use at your discretion to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for your company.

The provision at FAR 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 13.106-2 based on the criteria listed below. The evaluation factors below are the mandatory minimum requirement for eligibility for evaluation. Failure to comply with the requirement may lead to outright rejection of the quote.

Evaluation Criteria The government anticipates selecting the best suited contractor from initial responses, without engaging in exchanges with contractors. Contractors are strongly encouraged to submit their best technical solutions and price in response to this RFQ.

Once the government determines the contractor that is the best-suited (i.e., the apparent successful contractor), the government reserves the right to communicate with only that contractor to address any remaining issues, if necessary, and finalize a contract with that contractor. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to communicate with the next best-suited contractor based on the original analysis and address any remaining issues.

The Government will select the quote that is most advantageous to the Government based on the

Services Group 3 following factors:

A. Technical B. Past Performance C. Price

Technical:

To ensure that Offerors are technically capable of performing the required work, Offerors are required to submit the below:

Please submit a minimum of 3 maximum of 5 references of current or former customers who will attest to the quality of your product or service in the within the past three years, including

(i) customer name, (ii) customer address, (iii) contract or purchase order numbers, (iv) persons to contact, and (v) telephone numbers.

Past Performance:

Past performance will be evaluated in accordance with FAR 13.106-2(b)(3).

Price:

The contractor shall provide pricing as requested in Attachment 1 – Bid Schedule W9123621R5038 . The contractor’s price shall represent the best price in response to the request for quote. The price shall be evaluated to determine fairness and reasonableness. Additional detailed information may be required to determine price reasonableness. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Quoters are required to include a completed copy of the provision at 52.212-3 Offeror Representations and Certifications – Commercial Items, Alternate I of 52.212-3

The clause at 52.243-1 Alt I, Contract Terms and Conditions – Commercial Items, applies to this acquisition and includes the following addenda:

(c) Changes –

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Description of services to be performed.

(2) Time of performance (i.e., hours of the day, days of the week, etc.).

Services Group 3

(3) Place of performance of the services

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(d) If the Contractor’s proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

(w) Required Insurance Prior to start of performance, the Contractor shall, at its own expense, procure and maintain the following kinds of insurance with respect to performance under the contract.

TYPE AMOUNT

Workers Compensation As required by State law

Employer's Liability $100,000 per person

General Liability $500,000 per occurrence

Motor Vehicle Liability (For each motor vehicle):

Bodily injury or death $200,000 per person/ $500,000 per occurrence

Property damage $20,000 per occurrence

(x) Schedule of work

Please see schedule of services required in the applicable Statement of Work

CONTRACTOR COVID-19 PREVENTION AND RESPONSE PLAN

Services Group 3

The Contractor shall adhere to CDC, OSHA, state, and local guidance regarding COVID-19 precautions, to include mandatory wear of cloth face coverings by all personnel. Finally, the Contractor shall prepare a COVID-19 Prevention and Response Plan specific to this contract which details the Contractor’s prevention and response plans and procedures. This document shall be submitted no later than the arrival conference date, which is usually the first day of the period of performance.

(End of FAR 52.212-4 Addendum)

The clause at 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition and the additional FAR clauses cited in the clause are applicable to the acquisition:

(1) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(2) 52.204-13, System for Award Management Maintenance (OCT 2018)

(3) 52.204-19, Incorporation by Reference of Representations and Certifications

(4) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)

(5) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)

(6) 52.219-13, Notice of Set-Aside of Orders (MAR 2020)

(7) 52.219-28, Post Award Small Business Program Representation (NOV 2020)

(8) 52.222-3, Convict Labor (JUN 2003)

(9) 52.222-21, Prohibition of Segregated Facilities (APR 2015)

(10) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(11) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (12)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

(13) 52.223-6, Drug-Free Workplace (MAY 2001)

(14) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) (E.O. 13513).

(15) 52.225-3, Buy American—Free Trade Agreements-Israeli Trade Act--Alternate I (JAN 2021)

(16) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018)

(17) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013)

(18) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC

2013)

(19) 52.233-1, Disputes (MAY 2014)

(20) 52.233-3, Protest after Award (AUG 1996)

(21) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)

(22) 52.243-1, Changes—Fixed Price--Alternate I (APR 1984)

(23) 52.249-1, Termination for Convenience of the Government (Fixed-Price) (Short Form)

(APR 1984)

(24) 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP

2011)

Services Group 3

(25) 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

(26) 252.204-7003, Control of Government Personnel Work Product (APR 1992)

(27) 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting

(DEC 2019)

(28) 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support

(MAY 2016)

(29) 252.204-7018, Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services (JAN 2021)

(30) 252.204-7020, NIST SP 800-171 DoD Assessment Requirements (NOV 2020)

(31) 252.225-7048, Export-Controlled Items (JUNE 2013)

(32) 252.232-7010, Levies on Contract Payments (DEC 2006)

(33) 252.244-7000, Subcontracts for Commercial Items (JAN 2021)

(End of clause)

The following Provisions have been added by reference:

(1) 52.204-7, System for Award Management (OCT 2018)

(2) 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020)

(3) 52.204-20, Predecessor of Offeror (AUG 2020)

(4) 52.204-22, Alternative Line Item Proposal (JAN 2017)

(5) 52.219-1, Small Business Program Representations--Alternate I (SEP 2015)

(6) 52.225-4, Buy American—Free Trade Agreements-Israeli Trade Act Certificate--Alternate I

(JAN 2021)

(7) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certifications (JUN 2020)

(8) 252.203-7005, Representation Relating to Compensation of Former DoD Officials (NOV

2011)

(9) 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls

(OCT 2016)

(10) 252.204-7016, Covered Defense Telecommunications Equipment or Services—

Representation (DEC 2019)

(11) 252.204-7017, Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services—Representation (DEC 2019)

(12) 252.215-7013, Supplies and Services Provided by Nontraditional Defense Contractors

(JAN 2018)

Full Text Clauses

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

E NTITIES (DEVIATION 20-05)

(34) 52.208-9 Contractor Use of Mandatory Sources of Supply or Services

Services Group 3

(a) Definitions. As used in this clause "Covered article" means any hardware, software, or service that

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

"Covered entity" means

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government 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, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov , with required information in the body of the email. 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 Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(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 (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) 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 report pursuant to paragraph (c)(l) 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 a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

Services Group 3

(End of clause)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05) REV 2

(DEC 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

Services Group 3

(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 of2018 (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)(l)(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

Services Group 3 applies or the covered telecommunication equipment or services are covered by a waiver described in

FAR 4.2104.

(2) Section 889(a)(l)(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 in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Network Operations Security Center (NOSC) at NDAA Incidents@hg.dhs.gov, with required information in the body of the email. 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 NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(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)(l) 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

Services Group 3 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)

52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

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 60 calendar days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

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 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 36 months.

(End of clause)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEVIATION

Services Group 3

2020-04 REV 1)

(a)(l) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract in accordance with the accelerated payment date established, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, with a goal of 15 days after receipt of a proper invoice and all other required documentation from the small business subcontractor if a specific payment date is not established by contract.

(1) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation (48 CFR 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

52.252-2 Clauses Incorporated by Reference

This solicitation 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 the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html.

Contract Administration

(I) INVOICE PAYMENT INSTRUCTIONS

(a) WHEN TO SUBMIT: The contractor must first:

(1) Receive a fully-executed purchase order

(2) Provide the requirements, and

(3) Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

Services Group 3

(b) INVOICE CONTENT: Each invoice must contain the following information:

(1) Invoice Date

(2) Invoice Number

(3) Purchase Order Number or Contract Number or Contract and Delivery/Task Order Number

(4) Contractor’s Name

(5) Contractor’s Address

(6) Contractor’s DUNS

(7) Contracting Officer’s Name

(8) Contracting Officer’s Representative’s (COR’s) Name (if applicable)

(10) Period of Performance for Work Invoiced

(11) Contract Line Item Number(s) (CLIN(s)) and Description (if applicable)

(12) CLIN units for the period (if applicable), CLIN rate (if applicable), CLIN Total (if applicable)

(13) For Travel: Components in accordance with FAR 31.205-46 (if applicable)

(14) Invoice Total

(15) Discount Offerings

(16) Status as a Small Business (if applicable) for accelerated payment

(17) The last invoice submitted for this award must be clearly labeled with “FINAL INVOICE.”

(18) NOTE: A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix), with common items captured in the list above] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and will be returned to the contractor with a statement of the reason(s) it is not proper.

(c) HOW TO SUBMIT:

(1) INVOICES SHALL BE SENT TO THE FOLLOWING:

Contracting Officer Representative (COR)

Terrie Simmons Terrie.R.Simmons@usace.army.mil

(757) 201-7203

CC’d:

Kelli Fairbanks Kelli.L.Fairbanks@usace.army.mil

Jack Bass Contract Specialist

(757) 201-7385 Jack.B.Bass@usace.army.mil

Stormie Wicks Contracting Officer

(757) 201-7215 Stormie.B.Wicks@usace.army.mil

Terrie Simmons Contracting Officer’s Representative

(757) 201-7203 Terrie.R.Simmons@usace.army.mil

(d) PROMPT PAYMENT INFORMATION: In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice date is:

(1) On the later of:

(i) For invoices that are mailed, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date must substitute for the seventh day after the delivery date; or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends must substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web-based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.

(e) Failure to follow any of these instructions will result in invoice rejection.

(II) Contractor Performance Assessment Report (CPAR)

(a) GENERAL: The U.S. Army Corps of Engineers will monitor and evaluate the successful contractors past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.1502. All information contained in this assessment may be used, within the limitations of FAR 42.1502, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 60 days to respond to the assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system.

(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.

(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.

Full Text Provisions

52.252-1 Solicitation Provisions Incorporated by Reference

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The contractor is cautioned that the listed provisions may include blocks that must be completed by the contractor and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the contractor may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http://acquisition.gov/far/index.html.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

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) Representation. 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…