Attachment 1 - Solicitation W912SR24R0001- LMR Maintenance.pdf

SEE ADDENDUM

(No Collect Calls)

W912SR25R0001 17-Oct-2024

b. TELEPHONE NUMBER

314-637-1664

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 31 Oct 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912SR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

GEBREYESUS, DAWIT T.

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

RCO-KOSOVO

REGIONAL CONTRACTING OFFICE - BALKANS

CAMP BONDSTEEL

09240 KOSOVO

KOSOVO

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W904LK 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

USAREUR-AF / 21ST TSC / RC-EAST

CAMP BONDSTEEL / RC-EAST

CAMP BONDSTEEL / RC-EAST

UNITED STATES

TEL: FAX:

+49 621 730 781 4750FAX:

TEL: +49 621 730 781 4073 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$34,000,000

NAICS:

811210

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF60

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912SR25R0001

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months LMR Maint. & Repair Service

FFP

Contractor shall provide LMR Maintenance and Repair services in accordance with performance work statement (PWS) Part 5, Basic and Recurring Services, para.

5.1.1-5.1.11.

FOB: Destination

PSC CD: J059

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 12 Months Other Services

FFP

Contractor shall provide LMR Maintenance and Repair services in accordance with performance work statement (PWS) Part 5, Other Services para. 5.1.12-5.1.21.

PSC CD: J059

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

0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 18-DEC-2024 TO

08-DEC-2025

N/A USAREUR-AF / 21ST TSC / RC-EAST

CAMP BONDSTEEL / RC-EAST

CAMP BONDSTEEL / RC-EAST

UNITED STATES

W904LK

0002 POP 18-DEC-2024 TO

08-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

W904LK

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-2 Security Requirements MAR 2021 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 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-29 Federal Acquisition Supply Chain Security Act Orders--

Representation and Disclosures.

DEC 2023

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

CLAUSE(S) 52.212-1 - ADDENDUM TO FAR 52.212-1

CLAUSE(S) 52.212-1 - ADDENDUM TO FAR 52.212-1

(Note: Offerors shall insure the instructions in FAR 52.212-1 are adhered to in addition to the following addendum)

1. Purpose: These instructions prescribe the format of proposals and describe the approach for the development and presentation of the proposal data. They are designed to ensure the submission of information essential to the understanding and comprehensive validation of proposal. Offerors are cautioned to follow the instructions carefully.

2. QUESTIONS CONCERNING THIS SOLICITATION SHALL BE RECEIVED BY 4:00 PM Central European Time (CET) on 24 October 2024. Questions received after this date will not be answered. All questions shall be submitted in writing via email with a subject heading of “RFP W912SR-25-R-0001 Question(s)” to the Contract Specialist: dawit.t.gebreyesus.mil@army.mil and juan.c.alvarez52.mil@army.mil and the Contracting Officer:

ricardo.colonacevedo.civ@army.mil. Questions shall annotate a reference to the specific solicitation factor to which they pertain. All questions, resulting in a change to the Request for Proposal (RFP) will be posted as an amendment to the RFP.

3. SUBMISSION: Offerors shall submit their proposal via e-mail to the Contract Specialist:

dawit.t.gebreyesus.mil@army.mil and juan.c.alvarez52.mil@army.mil and the Contracting Officer:

ricardo.colonacevedo.civ@army.mil by the Proposal Due Date specified in block #8 on page 1 of the SF1449. Late proposals will not be considered. The subject of the e-mail(s) shall be “RFP W912SR-25-R-0001 Proposal.” All proposals shall be submitted in ENGLISH, those provided in other than English will be determined “Unacceptable” and will not be considered for award.

ALL REFERENCES TO TIME ARE FOR CENTRAL EUROPEAN TIME (CET).

THE GOVERNMENT RESERVES THE RIGHT TO REJECT ANY PROPOSAL THAT DOES NOT COMPLY

WITH THE PROPOSAL PREPARATION INSTRUCTIONS.

4. Proposal Instructions: Proposals shall consist of three separate sections:

Section I – Contract Information Section II – Technical Proposal Section III – Price

For proposal submission purposes, a page is defined as one side of standard sized sheet of paper (US letter 8" x 11.5" or European A4 8.3" x 11.7"), Times New Roman, font size (12), proportional spacing permissible, 1 inch margin (2.54cm European) on all sides, single spaced. All pages shall be appropriately numbered. Each paragraph shall be separated by at least one blank line. Pages with narrative shall be reflected as page count.

Page Numbering: Each offeror shall use a standard page numbering system to facilitate proposal references. Number consecutive pages within sections; charts, graphs, and other insert materials should be page numbered as part of the page numbering system. Pricing Information: Pricing information shall be in Section III, Price ONLY. No other sections will contain pricing data.

5. Proposal Format:

Section I -Contract Information: The offeror shall:

ꞏ Ensure that clauses FAR 52.212-3, ALT 1, “Offer Representations and Certifications – Commercial Items” is completed and returned with the quote or completed via the System for Award Management (SAM) (www.sam.gov). A statement certifying completion online shall be included in the transmittal letter, as well as a copy of the online Representations and Certifications.

ꞏ Provide proof of completed and active SAM registration is a requirement for consideration of award of this contract. The offeror shall submit its Commercial and Government Entity (CAGE) code in Block 17a of the SF 1449.

ꞏ Provide completed SF 1449. Properly executed and signed by an official authorized to commit the offeror, for the original solicitation and any applicable amendments.

Section II - Factor I – Technical: The technical proposal shall include the following subfactors:

There is a 30 page limit (excluding charts, matrices, graphs, and resumes) for Section II, Technical Proposal.

- Subfactor I – Technical Plan: Offeror shall submit a technical plan which provides their overall approach to meeting the technical requirements of the PWS IAW Part 5 “Specific Tasks.” Offeror shall not simply rephrase or restate the Government's requirements, but rather, shall provide convincing rationale to address how the Offeror intends to meet the PWS requirements. Paraphrasing the PWS or parts thereof is inadequate, as are phrases such as “standard procedures will be employed” or “well-known techniques will be used.” Mere reiteration of the requirement or standard reference material is discouraged and may be considered inadequate and non-compliant. It is the Offeror’s responsibility to present enough information to be meaningfully evaluated without discussions.

- Subfactor II – Key Personnel/Technical Personnel Experience: Offeror shall submit detailed resumes and commitment letters for all key personnel and US Technicians. Resumes shall present complete information to ensure that the key personnel/technical personnel working on site meet all aspects of technical and experience requirements IAW the PWS paragraph 1.10 “Key Personnel.” Offeror shall confirm that US technicians currently possess an active secret clearance in order to be acceptable. Offeror shall also submit technician licenses and certifications with the resumes.

- Subfactor III – Experience: Offeror shall submit proof of past or current company experience in performing the same and similar services in similar conditions within the last five years of the solicitation date. Experience does not have to be consecutive, however cumulative experience shall not be less than 3 years of experience. For purposes of this procurement “similar” means those contracts relative to the size, scope and complexity of the procurement under consideration that provides land mobile radio/repeater/tower equipment repair and maintenance services.

Experience information (for prime and subcontractor, if applicable) submitted shall include the following detail:

Project Title Contract Number Detailed narrative explanation of the requirement and how it is the same or similar to the requirements of this solicitation Location(s) included in the contract similar to the requirement Contract performance dates Total monetary value of project Point of contact name, number, and email address

-- Subfactor IV – Hiring/Mobilization Plan: Offeror shall provide a hiring/mobilization plan as part of its technical proposal to detail how it plans to hire and mobilize employees to the area of operation in time to meet full performance of contract services by the start date of 09 December 2024.

Section III - Factor II - Price: There is no page limit for Section III – Factor II – Price. In an effort to receive the highest quality solution at the lowest possible price, the Government requests all available discounts on all materials and services offered by contractors for this requirement. Offerors shall propose services in accordance with the CLIN structure included in this solicitation. All CLINS included in the SF 1449 shall be have a price input. If that price is zero, please complete, noting that amount. If no amount is entered the Government will assume $0.00 and input that value for the offeror.

5. The specific paragraphs of FAR provision 52.212-1 affected are shown below:

Paragraph (a) - Small business size standard does not apply to this solicitation.

Paragraph (b) - A single contract will be awarded on an ALL OR NONE basis. Any exceptions made to any of the items and conditions of the quote must be stated in a separate letter of transmittal that is to accompany the proposal. The person signing the proposal must initial any erasures, cross outs or changes made. All information should be typed or neatly in ink. Exceptions, as proposed, if accepted by the Government, become part of the contract.

Paragraph (c) - Period for Acceptance of Offers is changed to read: The offeror shall ensure the proposals hold firm for 60 days from the date specified for receipt of proposals.

Paragraph (h) - Multiple awards: ONLY ONE CONTRACT AWARD will be made.

Paragraph (i) - Availability of Requirements document cited does not apply to this solicitation.

Paragraph (m) is added to incorporate the following with respect to the information and documents required for submission in response to this solicitation: Award of this contract will be on a Price and Other Factors basis pursuant to the award criteria stated in FAR provision 52.212-2.

6. If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the offeror shall immediately notify the Contracting Officer in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial quote, as received, without discussions.

7. This solicitation does not commit the Government to pay any costs incurred in the preparation and submission of offeror’s proposal or in making any necessary studies for the preparation thereof, or for any visit the Contracting Officer may request for the purpose of clarification of the quote or for the preparation for negotiations, if applicable.

Section IV – Factor III. Supplier Performance risk System (SPRS) assessment. The Government will consider Risk in accordance with the provision at DFARS 252.204-7024, Notice on the Use of the Supplier Performance Risk System, as supplemented by this criteria. The Government will consider Supplier Risk as described in the provision.

The Government will NOT consider Item Risk or Price Risk as described in provision. For purposes of this Risk assessment, the Government will only consider information contained in the Supplier Performance Risk System (SPRS). Any questions or concerns the offeror has concerning its SPRS risk assessments should be addressed as described in paragraph (d) of DFARS 252.204-7024. To be eligible for award, the offeror must be considered Acceptable under this Factor. Offerors without a Supplier Risk assessment in SPRS shall be deemed Acceptable under this factor.

Army Contract Writing System (ACWS) Transition Information for Offerors

a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation.

b. During this transition period, Offerors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any). Due to this:

i. This solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (e.g. requiring offer submission via the PIEE Solicitation Module vs. e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer.

ii. If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.

iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer.

2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Offeror, may still be the first to spot such errors. Therefore, Offerors shall:

i. Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award.

ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.

iii. Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances.

3. The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms.

4. In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:

i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.

ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.

iii. Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement.

iv. Will issue a complete, properly-formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal.

CLAUSES INCORPORATED BY REFERENCE

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

Commercial Services

NOV 2023

52.214-34 Submission Of Offers In The English Language APR 1991 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

OCT 2020

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.223-10 Waste Reduction Program MAY 2024 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification

AUG 2009

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

JUN 2020

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

Officials

SEP 2022

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

JAN 2023

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013 REVISION 1)

MAY 2024

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

JAN 2023

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

DEC 2019

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

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 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

252.215-7008 Only One Offer DEC 2022 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.225-7966 (Dev) Prohibition Regarding Russian Fossil Fuel Business Operations - Representation (Deviation 2024-O0006).

MAR 2024

252.225-7967 (Dev) Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006).

MAR 2024

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.239-7009 Representation of Use of Cloud Computing SEP 2015 252.239-7010 Cloud Computing Services JAN 2023 252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a

Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation.

(Deviation 2021-O0003)

APR 2021

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System

JAN 2023

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Alt I Transportation of Supplies by Sea (JAN 2023) Alternate I JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror with the lowest priced offer determined to be technically acceptable. The following factors shall be used to evaluate offers:

Technical Price Supplier Performance Assessment System (SPRS)

(b) The Government anticipates awarding a Firm Fixed Price (FFP) contract using the Lowest Price Technically Acceptable (LPTA) process.

(c) It is the Government’s intention to award without discussions. Offerors are encouraged to present their best technical proposal and prices in their initial proposal submission. However, should discussions become necessary, the Government reserves the right to hold them.

(d) The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. A technical rating must be at least "ACCEPTABLE" in order to be eligible for award. An "UNACCEPTABLE" rating, results in the technical proposal being rated "UNACCEPTABLE" unless corrected through discussions. An overall technical rating of

"UNACCEPTABLE" makes the proposal ineligible for award.

An offeror is expected to submit sufficient information in response to the RFP to allow for the evaluation of his/her proposal.

Each of the evaluation factors will be rated as follows:

Technical Rating Description:

Technically Acceptable Proposal – Demonstrated the ability of the offeror to meet technical requirements under Factor I, Technical. This includes demonstrating all of the subfactors, Technical Plan, Key Personnel/Technical Personnel, Experience, Hiring/Mobilization Plan, that will satisfactorily meet the requirements of the PWS.

Technically Unacceptable Proposal – Did not demonstrate the ability of the offeror to meet technical requirements under Factor I, Technical. This includes not demonstrating one of the subfactors, Technical Plan, Key Personnel/Technical Personnel, Experience, Hiring/Mobilization Plan, that will satisfactorily meet the requirements of the PWS.

Factor I - Technical. Technical ratings will be defined by the subfactors provided below. Only offerors with a separate technical rating of acceptable for all subfactors will be considered eligible for award. Any unacceptable rating of an evaluation subfactor will deem the technical factor as unacceptable.

Subfactor I – Technical Plan: The Government will evaluate that the offeror provided a plan providing their overall approach to meeting the technical requirement of the PWS IAW Part 5 “Specific Tasks.” Offeror shall not have simply rephrased or restated the Government's requirements, but rather, shall have provided convincing rationale to address how the Offeror intends to meet the PWS requirements. Paraphrasing the PWS or parts thereof is inadequate, as are phrases such as “standard procedures will be employed” or “well-known techniques will be used.” Mere reiteration of the requirement or standard reference material is discouraged and may be considered inadequate and non-compliant. It is the Offeror’s responsibility to present enough information to be meaningfully evaluated without discussions.

Subfactor II – Key Personnel/Technical Personnel: The Government will evaluate that the offeror provided detailed resumes and commitment letters for its proposed key personnel and US Technicians. Resumes presented complete information to ensure that the key personnel/technical personnel working on site meet all aspects of technical and experience requirements IAW the PWS paragraph 1.10 “Key Personnel.” Offeror confirmed that US technicians currently possess an active secret clearance in order to be acceptable. Offeror submitted technician licenses and certifications with the resumes.

Subfactor III – Experience: The Government will evaluate that the offeror provided evidence of past and/or current experience of no less than 3 cumulative years in performing the same or similar services within the last five years.

For purposes of this procurement “similar” means those contracts relative to the size, scope and complexity of the procurement under consideration that provides land mobile radio/repeater/tower equipment repair and maintenance services.

Subfactor IV – Hiring/Mobilization Plan: The Government will evaluate that the offeror provided a plan that clearly demonstrated a plan to hire and mobilize the required staff to the area of operation in order to meet full performance of contract services by the start date of 09 December 2024.

Factor II – Price. Evaluation of options shall not obligate the Government to exercise the option(s).The Government will evaluate price in accordance with FAR Subpart 13.106-3(a).

Offerors shall propose services in accordance with the CLIN structure provided in the solicitation.

The pricing criteria used for evaluation are (1) completeness, (2) price reasonableness and (3) Total

Evaluated Price (TEP).

o Completeness – The Government will review the pricing submissions for completeness and compliance with FAR 52.212-1 and its addendum. Incomplete price submissions shall not be evaluated, and the proposal eliminated from competition.

o Price Reasonableness – The offerors price proposal will be evaluated using one or more of the techniques defined in FAR 13.106-3(a). Generally, adequate price competition will satisfy the criteria of price reasonableness.

o Total Evaluated Price (TEP) - The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option period(s) possible under Clause 52.217-8 (maximum six months), Option to Extend Services, the Government will take the price for all CLINs of the final option period, prorate it to a six- month value, and add it to the sum of all CLINs (base plus all option periods). This amount will be the total evaluated price. Evaluation of options shall not obligate the Government to exercise the options.

o As part of the price evaluation, the Government will NOT evaluate for price realism and the Government will NOT consider Price risk as described at DFARS 252.204-7024, Notice on the Use of the Supplier Performance Risk System.

Factor III – Supplier Performance Assessment System (SPRS)

[Note: the Supplier Risk Report is accessed using the Offeror’s cage code. The report assigns an overall risk score using the following legend:

SUPPLIER COLOR LEGEND

Blue: Top 5%

Purple: Next 10%

Green:

Next 70%

Yellow: Next 10%

Red:

Lowest 5%

Grey: Excluded

Black:

No Score

Using the SPRS Supplier Risk Report, Offerors will be rated on the basis of the following definitions:

Acceptable: Offeror has a Supplier Risk Score of Green, Purple, Blue, or Black.

Unacceptable: Offeror has a Supplier Risk Score of Yellow, Red, or Grey.

(e) A written notice of award will be furnished to the successful offeror.

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

COMMERCIAL SERVICES (MAY 2024)

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

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

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—

(1)(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

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

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a…