A21 - W912PM21Q0007 (RFQ).pdf

W912PM21Q0007

100% SMALL BUSINESS SET-ASIDE - This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation/Request for Quote (RFQ) to be issued and quotes are requested in response to RFQ W912PM21Q0007. This requirement is anticipated to result in the award of a single firm fixed price (FFP) contract.

100% SMALL BUSINESS SET-ASIDE RFQ W912PM21Q0007 with applicable NAICS Code:

621910, $16.5 Million, size standard.

CONTRACT LINE ITEMS

SEE ATTACHED PRICING SCHEDULE

SEE ATTACHED REQUIREMENT DESCRIPTION, “Scope of Work”

AGENCY:

DATE/DELIVERY: Period of performance is January 5 – February 28, 2021 (non-consecutively)

DATE & TIME FOR OFFERS:

Offers are due to Missee Koehn at Melissa.k.koehn@usace.army.mil and Rosalind.m.shoemaker@usace.army.mil on Friday, December 18 2020, 2:00PM, Eastern Time.

Each offeror must submit both a Price Quote and a Technical Proposal. No hard paper copies will be accepted or evaluated. Both the Price Quote and the Technical Proposal must be received by the closing date and time set for receipt of quotes. A standard generated quote, quote schedule, or quote on letterhead may be submitted. Price quote and Technical Proposal may be submitted together or as separate attachments.

The points of contact for this procurement is Missee Koehn (Contract Specialist) at 910-251-4493, melissa.k.koehn@usace.army.mil or Rosalind Shoemaker (Contracting Officer) at 910-251-4436, rosalind.m.shoemaker@usace.army.mil

An organized site visit has not been scheduled; however, one can be requested and scheduled by contacting Mr. Mark Wilmes at Mark.d.wilmes@usace.army.mil or 919-542-4501 and Mr. J. Duke at James.H.Duke@usace.army.mil or 910-251-4440.

Questions: All questions shall be submitted in writing via email to Melissa.k.koehn@usace.army.mil and rosalind.m.shoemaker@usace.army.mil Questions concerning this solicitation are due not later than Monday, December 14, 2020, 9:00 AM, Eastern Time. The U. S. Army Corp of Engineers does not commit to providing responses to questions submitted after this date; however, attempts to answer questions will be made.

The Government will not provide written paper copies of the solicitation. Telephone, written, facsimile, or e-mail requests for the solicitation package will not be honored. Potential contractors are responsible for monitoring this site for the release of any amendments.

U.S. ARMY CORPS OF ENGINEERS

Attn: Missee Koehn 69 Darlington Avenue Wilmington, North Carolina 28403-1343 mailto:Melissa.k.koehn@usace.army.mil mailto:Rosalind.m.shoemaker@usace.army.mil mailto:melissa.k.koehn@usace.army.mil mailto:rosalind.m.shoemaker@usace.army.mil mailto:Mark.d.wilmes@usace.army.mil mailto:James.H.Duke@usace.army.mil mailto:Melissa.k.koehn@usace.army.mil mailto:karri.l.mares@usace.army.mil

Offerors are encouraged to post notices of prospective subcontracting opportunities on the Small Business Administration Subnet, at http://web.sba.gov/subnet . Offerors must be registered with the System for Award Management (SAM) to receive a Government contract award. You may register online at http://beta.sam.gov

Contractor/Offeror:

Total Price:

Discount Terms:

The Contractor is required to sign this document and return one (1) copy together with your quote and technical package, to the issuing Office. The Contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any addition sheets subject to the Terms and Conditions specified herein.

Signature of Offeror/Contractor:

Name and Title of Signer (Type or Print)

Date Signed:

http://web.sba.gov/subnet http://beta.sam.gov/

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 26 Days

STANDBY CONFINED SPACE RESCUE (CSR)FFP

TEAM AT BEJ DAM

As specifically set forth in the attached Scope of Work.

SCA WD 15-4373 is applicable to this RFQ and any resultant award.

Per Diem Meals and Lodging for 5 employees FOB: Destination

MILSTRIP: W81LJ803144876

PURCHASE REQUEST NUMBER: W81LJ803144876

PSC CD: Q701

NET AMT

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

SCOPE OF WORK

SCOPE OF WORK

CONFINED SPACE RESCUE (CSR) TEAM

B. Everett Jordan (BEJ) Dam

November 9, 2020

1. GENERAL: The Contractor shall furnish all labor, materials, and services, to provide the U.S. Army Corps of

Engineers, Wilmington District, B. Everett Jordan (BEJ) Dam with a Standby Confined Space Rescue (CSR) Team to support the replacement of the Emergency Gate #11.

2. SPECIFICATIONS: The Contractor shall provide a Standby Confined Space Rescue (CSR) Team of five (5) personnel, more specifically set forth below, with a delay between the extraction and installation potions of work. A maximum of 13 days will be permitted for each phase (as needed). Workdays are 12 hours a day, 7 days a week. *NOTE: if it is determined after Purchase Order award that additional personnel are necessary for the CSR Team, the Purchase Order can be modified accordingly.

2.1 CSR Team Requirements:

2.1.1 Trained and certified in confined space rescue

2.1.2 Possess a valid state or federal photo identification

2.1.3 Possess current first aid and CPR certifications.

2.2 Per Diem Requirements:

All items in this line shall be in accordance with the Joint Travel Regulations (JTR)

GSA PER DIEM RATES APPLIED (Moncure, NC / January 2021 – February 2021) https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-lookup/?action=perdiems_report&state=NC&fiscal_year=2021&zip=&city=moncure

* per diem rate is rounded up to the dollar (actual receipts may be required with invoice submission for payment.)

GSA Per Diem Locality

Lodging (per day)

Meals (per day)

Meals (1st & Last days of Travel)

TOTAL

Raleigh, NC $96.00 $55.00 $42.00 $3,682.00

(2) Phases of Work # of Days # of Days # of Days TOTAL COST for 5-man CSR Team

(13 days each) 24 22 4 $18,410.00

2.3 Submittal Requirements:

2.3.1 Required Rescue Plan, (29 CFR 1910.146) (required submission with quote)

3. BACKGROUND: The BEJ outlet tower is the primary control for release of water from the lake. The emergency gate to be replaced is one of two, and acts as a last line of defense against uncontrolled discharge. The emergency gate is raised and lowered by a hydraulic cylinder.

https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-lookup/?action=perdiems_report&state=NC&fiscal_year=2021&zip=&city=moncure https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-lookup/?action=perdiems_report&state=NC&fiscal_year=2021&zip=&city=moncure https://www.ecfr.gov/cgi-bin/text-idx?SID=65b279ee2e7530009034c1f152d451e5&tpl=/ecfrbrowse/Title29/29tab_02.tpl

The work shall occur in two phases; extraction phase and installation phase. During Extraction the cylinder, pad, stems and gate shall be removed and stop logs inserted in place of the gate. During the interim, between phases, certain components shall be refurbished (no CSR assistance is needed during this period). During the Installation Phase, the stop logs shall be removed, and new or refurbished gate components installed. During the conduct of either phase there may be as many as five (5) Government personnel inside the tower performing work.

4. PERFORMANCE OF WORK: All work shall be performed in accordance with the following:

• USACE Safety Manual, EM 385-1-1 (Section 34 – Confined Space Entry) https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

• B. Everett Jordan Permit-Required Confined Space Entry Program (Enclosure A) o The Contractor is responsible for providing Entry Supervisor and/or Attendant as defined by the Permit-Required Confined Space Entry Program (Enclosure A). The responsibilities of these positions can be fulfilled by a single individual; i.e. the Attendant and Entry Supervisor may be the same person. This person may be an acting member of the CSR Team; i.e. an added individual to the team to fulfill these roles is not necessary.

o The Contractor is not responsible for providing safety and confined space entry equipment for workers and inspectors. Contractor is only required to supply such equipment for CSR Team, and that equipment which is needed for emergency rescue of workers and inspectors.

• Existing Plans & As-Builts (Enclosure B)

• OSHA regulations https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.146

5. WORKSITE LOCATION: B. Everett Jordan Dam

POC: MARK WILMES

2080 Jordan Dam Road Moncure, NC 27559

(919) 542-4501

6. PERIOD of PERFORMANCE (POP): (T) January 5, 2021 – (S) February 28, 2021

There are (2) Phases of work that will occur at different times as specified below:

PHASE 1: Extraction January 5 - 18, 2020 (NTE 13 days)

PHASE 2: Installation Start Date Phase 2 TBD (Late January to Early February 2021) End Date Phase 2 TBD (but not later than February 28, 2021) (NTE 13 days)

– TO BE DETERMINED

* The CSR Team will be provided a TWO-WEEK NOTICE, prior to each phase of work commencing.

7. INVOICING: Upon delivery/completion of the contracted product(s)/service(s) the Contractor shall provide a copy of the invoice shall be provided to the Contract POC (named below) through e-mail (preferred) or United States Postal Service (USPS). The Contractor shall also ensure that the following items are included on the invoice:

• Contract #

• Invoice #

• Company Name (Must Match the Name on the Contract Document)

• Invoiced line item(s) (Must Match the Contract Line Item Numbers / e.g. 0001, 0002, etc.)

• Small Business, Veteran Owned, or 8A (Indicate on invoice, if applicable) https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.146

8. POINTS of CONTACT (POC):

SCOTT AIKEN – Technical Representative 69 Darlington Avenue Wilmington, NC 28403-1343 michael.s.aiken@usace.army.mil - INVOICES ONLY

JAMES DUKE – On-site POC, Technical Representative 69 Darlington Avenue Wilmington, NC 28403-1343 james.h.duke@usace.army.mil mailto:michael.s.aiken@usace.army.mil mailto:james.h.duke@usace.army.mil

ADDENDUM

ADDENDUM

A.1 AT-OPSEC REFERENCES:

1. AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. "All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html ; or it can be provided by the RA ATO in presentation form which will be documented via memorandum."

2. Access and General Protection/Security Policy and Procedures.

"All Contractor and all associated sub-Contractor s’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in Contractor security matters or processes."

2b. For contractors who do not require CAC but require access to a DoD facility or installation. Contractor and all associated sub-contractors’ employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

4. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something).

This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. "The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training."

7. For Contracts that Require OPSEC Training. Per AR 530-1, (Operations Security) contractor employees must complete Level I OPSEC Training within 30 calendar days of contract award. "All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty.

Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html ; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum."

http://jko.jten.mil/courses/atl1/launch.html https://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html

13. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The contractor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e. facility repair or construction).

"All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas."

15. Pre-screen candidates using E-Verify Program.

"The Contractor must pre-screen Candidates using the E-verify Program http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

A.2. INFORMATION TO ALL CONTRACTORS

System for Award Management (SAM) and Electronic Funds Transfer (EFT) (Wilmington Local Instruction Feb 2013)

1. All contractors must register in the System for Award Management (SAM) database before they can be awarded a contract. You may register at http://www.sam.gov. SAM information or help is also available by calling 866-606-8220.

2. Public Law 104-134 requires the use of Electronic Funds Transfer (EFT) for all Federal payments. EFT information will be pulled from your SAM by the USACE FINANCE CENTER, 5720 INTEGRITY DRIVE, MILLINGTON, TN 38054-5005 for contractor payments.

(End of Local Instruction)

A.3 UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The Contractor shall not accept any instructions issued by any person, employed by the Government or otherwise, other than the Contracting Officer or the Contracting Officer’s Representative (COR) acting within the limits of the COR’s Authority. See the Contracting Officer’s Representative clause of this contract.

(End of Instruction)

A.4 The contractor must use the wage rate that applies to the county of the site of work: SERVICE CONTRACT

ACT – WAGE DETERMINATION (LINK BELOW & FULL WD PROVIDED AS ATTACHMENT).

Chatham County, NC is as follows:

SCA WD 15-4373 (Rev.-13) https://beta.sam.gov/search?index=wd&sort=-relevance&page=1&keywords=2015- 4373&wd_publish_date_filter_model=%7B%22dateRange%22:%7B%22startDate%22:%22%22,%22end Date%22:%22%22%7D%7D&date_filter_index=0&inactive_filter_values=false http://www.uscis.gov/e-verify http://www.sam.gov/ https://beta.sam.gov/search?index=wd&sort=-relevance&page=1&keywords=2015-4373&wd_publish_date_filter_model=%7B%22dateRange%22:%7B%22startDate%22:%22%22,%22endDate%22:%22%22%7D%7D&date_filter_index=0&inactive_filter_values=false https://beta.sam.gov/search?index=wd&sort=-relevance&page=1&keywords=2015-4373&wd_publish_date_filter_model=%7B%22dateRange%22:%7B%22startDate%22:%22%22,%22endDate%22:%22%22%7D%7D&date_filter_index=0&inactive_filter_values=false https://beta.sam.gov/search?index=wd&sort=-relevance&page=1&keywords=2015-4373&wd_publish_date_filter_model=%7B%22dateRange%22:%7B%22startDate%22:%22%22,%22endDate%22:%22%22%7D%7D&date_filter_index=0&inactive_filter_values=false

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.246-25 Limitation Of Liability--Services FEB 1997 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 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

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

DEC 2019

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

DEC 2019

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

DEC 2019

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

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items OCT 2020 252.246-7003 Notification of Potential Safety Issues JUN 2013 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)

52.204-26 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”.

https://www.sam.gov/

(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.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Technical Capability

(ii) Price

(iii) Past Performance

Technical and past performance, when combined, are approximately equal to cost or price.

(b) 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).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

TECHNICAL and PAST PERFORMANCE FACTORS:

Evaluation –Each item in Technical Requirements Table will receive one of the adjectival ratings defined below.

Any criterion that receives “U” rating will result in an overall unacceptable rating for the factor and are not eligible for award.

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (See FAR 15.305(a)(2)(iv)).

Therefore, the Offeror shall be determined to have unknown past performance and shall receive a rating of Neutral Confidence.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2020)

ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision--

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

ADJECTIVAL RATING DEFINITION

Acceptable (A) Quote clearly meets the minimum requirements of the solicitation.

Unacceptable (U) Quote does not clearly meet the minimum requirements of the solicitation.

Neutral (N) Offeror without a record of relevant past performance

TECHNICAL CRITERIA A or U / N The offeror is registered and has no active or inactive exclusions listed in their Entity Record on the System for Award Management (SAM).

In accordance with FAR 42.15, the offeror does not have any relevant Past Performance Evaluations in which their performance was rated at “Unsatisfactory” or “Marginal” in the last five (5) years. Relevant evaluations may be obtained from the Contractor Performance Assessment Reporting System (CPARS), Past Performance Information Retrieval System (PPIRS), or Past Performance Questionnaires.

Subfactor ratings to Past Performance that will be considered include, quality of product/service, cost, schedule, small business, and management.

Offerors may submit prior experience of recent and relevant contracts/projects at the time of quote.

Contracts/Projects can be performed with Federal, State, local or private companies. Government contracts are preferred but not required. Please do not submit more than five (5) contracts/projects.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

“Women-owned small business concern” means a small business concern --

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— http://www.sam.gov/

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small…