B.01.01 Complete Combined Synopsis-Solicitation (2-18-2021).pdf

Section A - Solicitation/Contract Form

SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart

12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, proposals are being requested and a written solicitation will not be issued.

The solicitation number for this acquisition is W912DQ-21-R-1027 and it is being issued as a Request for Quotes (RFQ). Responses are due by 4 March 2021 at 14:00 CST.

The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-03.

This RFQ shall be set aside for small businesses and the associated North American Industry Classification system (NAICS) code is 811213, "Communication Equipment Repair and Maintenance" and the business size standard is $12,000,000.00 .

Far 52.212-1, Instructions to Offerers- Commercial does apply to this acquisition with no addenda to the provision and is located in Section L of this combined synopsis/solicitation.

Far 52.212-2, Evaluation - Commercial Edited does apply to this acquisition with no addenda to the provision and is in Section M of this combined synopsis/solicitation.

FAR 52.212-3, Offerer Representations and Certifications -- Commercial Items, does apply to this acquisition with no addenda to the provision, and is in Section K of this combined synopsis/solicitation.

FAR 52.212-4, Contract Terms and Conditions - Commercial Items, does apply to this acquisition with no addenda to the provision. These specific clauses required are in Section I of this combined synopsis/solicitation.

FAR 52.212-5, Contract Terms and Conditions - Required to Implement Statutes or Executive Orders- Commercial Items, applies to this acquisition. These specific clauses required are in Section I of this combined synopsis/solicitation.

System for Award Management

In accordance with FAR 52.212-l(k): By submission of an offer, the offerer acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offerer does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offerer. Offerers may obtain information on registration and annual confirmation requirements via the beta.SAM.gov database accessed through https://beta.Sam.gov . It is highly encouraged that all prospective Offerer's start the SAM' s registration process as soon as possible.

If you were not previously registered, please go to https://www.sam.gov. Instructions for new registration are also located at the following link https://www.sam.gov/sam/transcript/Ouick Guide for Contract Registrations vl .7.pdf to register.

If you have questions about Government procurements in general or need assistance in the preparation of your proposal, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.or g/sam-registration/ THIS A FREE SERVICE BY A NON PROFIT PAID FOR BY THE US GOVERNMENT.

http://www.sam.gov/ http://www.sam.gov/sam/transcript/OuickGuideforContractRegistrationsvl.7.pdfto http://www.aptac-us.org/sam

W912DQ21R1027

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each Semi Annual Preventive Maintenance

FFP

See Paragraph 3.2 .A of Scope of Work. FY21 Service.

FOB: Destination

PSC CD: 7B22

NET AMT

0002 30 Hours Routine Service Call

FFP

See paragraph 3.2.B of Scope of Work. FY21.

0003 12 Hours Emergency Service Call

FFP

See paragraph 3.2.C of Scope of Work. FY21 Service.

Follow-up/Call Back Calls

FFP

See paragraph 3.2.D of Scope of Work. FY21 Service.

0004AA 80 Hours Billing Rate for Non-Emergency Calls

FFP

0004AB 20 Hours Billing Rate for Emergency Service Call

FFP

Total Price for Sub- CLIN’s 0004AA and 0004AB __________________________

0005 1 Job Video Wall Fine Tune Adjustments Call

FFP

See paragraph 3.2.E of Scope of Work. FY21 Service.

0006 2 Each OPTION Semi Annual Preventive Maintenance

FFP

See paragraph 3.2.A of Scope of Work. FY22 Service.

0007 30 Hours OPTION Routine Service Call

FFP

See paragraph 3.2.B of Scope of Work. FY22 Service.

0008 12 Hours OPTION Emergency Service Call

FFP

See paragraph 3.2.C of Scope of Work. FY22 Service.

OPTION Follow-Up/ Call Back Calls

See paragraph 3.2.D of Scope of Work. FY22 Service.

0009AA 80 Hours OPTION Billing Rate for Non-Emergency Calls

FFP

0009AB 20 Hours OPTION Billing Rate for Emergency Calls

FFP

Total Price for Sub- CLIN’s 0009AA and 0009AB __________________________

0010 1 Job OPTION Video Wall Fine Tune Adjustments Call

FFP

See Paragraph 3.2.E of Scope of Work. FY22 Service.

0011 2 Each OPTION Semi-Annual Preventive Maint.

FFP

See paragraph 3.2.A of Scope of Work. FY23 Service.

0012 30 Hours OPTION Routine Service Call

FFP

See paragraph 3.2.B of Scope of Work. FY23 Service.

0013 12 Hours OPTION Emergency Service Call

FFP

See paragraph 3.2.C of Scope of Work. FY23 Service.

OPTION Follow up/Call Back Calls

See paragraph 3.2.D of Scope of Work. FY23 Service.

0014AA 80 Hours OPTION Billing Rate For Non-Emergency Calls

FFP

0014AB 20 Hours OPTION Billing Rate For Emergency Calls

FFP

Total Price for Sub- CLIN 0014AA and 0014AB __________________________

0015 2 Job OPTION Video Wall Fine tune Adjustments Call

FFP

See paragraph 3.2.E of SOW. FY23 Service.

Total price for all options __________________

Total price for all options and base CLIN’s _____________________

CLAUSES INCORPORATED BY FULL TEXT

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

In accordance with FAR 13.106-1 the following factors shall be used to evaluate offers: (1) Past Performance, (2) Relative Experience, and (3) Price. The contract award will be made to the offeror providing the best value to the Government. The Government reserves the right to award to another offeror providing other than the lowest price offer based on the technical merits of the offeror’s proposal.

(End of Provision)

Section C - Descriptions and Specifications

PWS

PERFORMANCE WORK STATEMENT

A/V MAINTENANCE CONTRACT FY21

W912DQ-21-R-1027

1.1 DESCRIPTION OF WORK

A. This section pertains to the U.S. Army Corps of Engineers, Kansas City District A-V communications systems to include:

1. The Emergency Operation Center (EOC) A-V systems including major items such as the video wall display, sound systems, A-V fiber optic switching and distribution system, A-V equipment, VTC, A-V control systems, cables and connectors, equipment racks, cabinets and accessories, AC power devices, small conference room A-V, and video ribbon system. The EOC includes the main briefing room and all other small rooms (such as office, meeting, small conference, storage and entry rooms) where the equipment and displays are located.

2. Additional EOC interface systems including theater lighting control system, security camera signal interface components/accessories (camera’s and encoder not included), Dalia room lighting control systems and CATV cables/accessories.

3. Four (7) conference rooms with six (6) A-V systems of various configurations (Room 204A(2); Room 204B(2);

Room 241(1); Room 254(1), Room 444(1), Room 501 (1), and Room 645 (1)). These systems typically include a projector, display, a control system and cables/connectors/accessories. One system also includes a VTC capability (Room 241).

4. Programming for all of the above referenced systems.

B. It is the purpose of this specification to require the furnishing of timely maintenance and service of all above referenced A-V systems.

C. Work shall be conducted during normal Federal Building operating hours (Monday thru Friday; 0730-1600) unless there is an emergency service call. In addition, all visits must be coordinated in advance with the designated government representative. Warranty and maintenance services shall be restricted to normal working hours unless the Government agrees to pay the difference in labor rates for overtime work.

1.2 EXISTING CONDITIONS

A. This facility is an existing structure. It shall be the responsibility of each bidder to verify all conditions which pertain to this work.

B. Prior to site work, the Systems Contractor, any subcontractors, and contractor employees shall be required to obtain, and wear badges issued by US Army Corps of Engineers. Badging procedures and process shall be provided on request from the project COR. A background check is required. Photo ID badges, when worn, will provide facility access through manned building access points and access to any non-secured USACE work areas. C.

Government will provide an electronic copy of available original installation SOW specifications which are pertinent to this work upon request. After award, the government will provide an electronic copy of available as-built drawings and operating instructions for use during maintenance visits or service calls. These items can only be used for work at this site and must be returned at the conclusion of the contract.

1.2 DEFINITION OF TERMS

A. The term “Government” shall refer to U.S. Army Corps of Engineers; Richard Bolling Federal Building, 601 East 12th Street, Kansas City, MO 64106; phone 816-389-3426.

B. The term “Systems Contractor” shall refer to the person, persons, or company who or which contracts for the performance of the A-V system work specified herein.

C. The term “COR” shall refer to the Contracting Officer Representative who shall coordinate with the US Army Corps of Engineers project Contracting Officer regarding any contractual issues which arise during the contract duration.

1.4 CONTRACTOR QUALIFICATIONS

A. The Systems Contractor’s proposal must provide verification that the contractor is a “System Contractor” who regularly engages in the furnishing, installation and service of commercial and industrial A-V systems to include, but not limited to, video wall display systems. Include a minimum of two and a maximum of five project summaries in which each demonstrate recent (within last five years) past performance work experience of this type and size.

B. The Systems Contractor’s proposal must provide verification that the contractor will maintain a suitably staffed and equipped service organization and has the ability to regularly offer maintenance/repair services for systems of this type and size.

C. The Systems Contractor shall have on staff or employ the services of a Creston Certified Programmer. The Systems Contractor’s proposal shall include the resume of this individual.

D. The Systems Contractor’s proposal shall demonstrate to the satisfaction of the Government.

1. Adequate diagnostic and repair equipment to pursue the work properly and expeditiously;

2. Adequate staff and technical experience.

PART 2 - PRODUCTS

2.1 GENERAL

A. It is the intention of these specifications that maintenance will sustain and enable properly operating A-V systems. A listing of the existing major items of equipment is available per attachments. These listings are only intended to provide the Systems Contractor a concept of the existing types of equipment required for the operation of these A-V systems. Any equipment variations/changes or other minor items of equipment or hardware not specifically listed herein but required for proper A-V system operation are also covered under this maintenance agreement. As-built drawings for the EOC AV systems reflect the magnitude of the system and the connections/accessories required for normal operation (refer attached).

B. When required, all replacement equipment and material shall be new and shall be suitable for continuous operation.

C. In any case, where a specific specification has not been included herein or shown on the drawings for any item that is required, the Systems Contractor, with prior COR knowledge and Contracting Officers approval, shall furnish only the best quality replacement equipment or material consistent with the quality of other specified equipment and material.

PART 3 - EXECUTION3.1 GENERAL

A. Any defective equipment discovered during any maintenance visit shall be repaired or replaced under the terms of existing warranties if applicable. If the warranty period(s) has expired, the Systems Contractor shall identify replacement equipment of same model/type per original installation specifications. Where a specific piece of equipment has been discontinued and/or replaced by a new model, submission of the new model or a suitable item as applicable shall be required to be submitted for evaluation and approval in writing by the government contracting officer prior to purchasing and installation. Any proposed substitute equipment shall meet the requirements of the original installation specifications for the applicable system/item. NOEQUIPMENT/PARTS ARE TO BE

PURCHASE PRIOR TO GOVERNEMTN APPROVAL.

B. If the Systems Contractor installs replacement equipment, the Systems Contractor shall warrant the replacement equipment against defects in materials and workmanship, including any required parts and labor, during a one year warranty period from date of final acceptance or first beneficial use, whichever occurs first, at no additional cost to the Government. The Systems Contractor shall not be liable for equipment damaged by improper use, negligence, or accidental acts of nature. The Systems Contractor shall also provide updates to the O&M manuals for replacement equipment as needed to keep O&M manuals current.

C. All materials and equipment are to be installed in accordance with all applicable standards of the National Electrical Code, the Electrical Code of the governing local municipality, all other applicable local codes, and all safety codes and ordinances.

3.2 MAINTENANCE VISITS AND SERVICE CALLS

A. Semi-annual preventive maintenance service visit. Systems Contractor shall conduct diagnostic functional checks, check and resolve system generated error codes, clean fans/vents, and any other manufacturer designated preventative maintenance actions per O&M manuals. As a part of the diagnostic functional checks, the Systems Contractor shall test all procedures, elements, sources listed in the EOC Video Conferencing and Presentation Equipment Instruction End User Guide: and, Conference Room 1127 Conferencing and Presentation Equipment Instruction End User Guide. The Systems Contractor must schedule these visits in advance with the designated government representative to ensure uninterrupted availability of the space. (CLIN 0001, 0006 and 0011).

B. Routine service call. The Systems Contractor will provide a service call phone number to the Government.

The Government will call this number for service and provide a description of the problem with the A-V system. After this initial call, Systems Contractor technician responds by phone within 4 hours and can be on-site within 24 hours. If replacement equipment is not required, not needed or is readily available from spare parts, Systems Contractor technician will correct the problem and return the A-V system to an operational state. For example, this may include, but is not limited to, replacing bulbs, fixing loose/broken/mal-functioning connectors/cables/adaptors/accessories, and correcting diagnostic error messages. Replacement items are needed, Systems Contractor technician will advise the government and schedule a follow-up visit. (CLIN 0002, 0007 and 0012). NO EQUIPMENT/PARTS ARE TO BE

PURCHASE PRIOR TO GOVERNEMTN APPROVAL.

C. Emergency service call. The emergency operation center is a mission critical facility. During an emergency response operation, a faster response time is required. After initial call, Systems Contractor technician responds by phone as soon as possible and can be on-site within 4 hours, seven days a week throughout the entire year. If replacement equipment is not required, not needed or is readily available from spare parts, Systems Contractor technician will correct the problem and return the A-V system to an operational state.

For example, this may include, but is not limited to, replacing bulbs, fixing loose/broken/mal-functioning connectors/cables/adaptors/accessories, and correcting diagnostic error messages. If replacement items are needed, Systems Contractor technician will advise the government on interim measures and schedule a follow-up visit. (CLIN 0003, 0008 and 0013).

D. Follow-up Repair Visit. After receiving needed replacement items/equipment, System Contractor technician will correct the problem and return the A-V system to a fully operational state. (CLIN 0004, 0009 and 0014).

E. Video Wall Fine Tune Adjustments Service Call. On an as needed basis, Systems Contractor shall make comprehensive fine tune adjustments for the video wall (Twenty-four Mitsubishi 50” rear projection cubes, 8x3 configuration) for internal display geometry, brightness and color matching using the permanently installed source equipment (video wall processor) driving the signal to the displays to achieve optimal results. The Systems Contractor must have their own tools and equipment to do the necessary testing and adjustments. The Systems Contractor must schedule these visits in advance with the designated government representative to ensure uninterrupted availability of the space. (Option; CLIN 0005, 0010 and 0015).

Section E - Inspection and Acceptance

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 0003 Destination Government Destination Government 0004 N/A N/A N/A N/A 0004AA Destination Government Destination Government 0004AB Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 N/A N/A N/A N/A 0009AA Destination Government Destination Government 0009AB Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 N/A N/A N/A N/A 0014AA Destination Government Destination Government 0014AB Destination Government Destination Government 0015 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 20-MAR-2021 TO

19-MAR-2022

N/A USACE, KANSAS CITY +

JOSHUA M HIGGINBOTHAM

FEDERAL BLDG, CT-C

601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

816-389-3812

W912DQ

0002 POP 20-MAR-2021 TO

19-MAR-2022

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 20-MAR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 N/A N/A N/A N/A

0004AA POP 20-MAR-2021 TO

19-MAR-2022

N/A USACE, KANSAS CITY +

JOSHUA M HIGGINBOTHAM

FEDERAL BLDG, CT-C

601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

816-389-3812

0004AB POP 20-MAR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 20-MAR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 20-MAR-2022 TO

19-MAR-2023

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 20-MAR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 20-MAR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 N/A N/A N/A N/A

0009AA POP 20-MAR-2022 TO

N/A USACE, KANSAS CITY +

JOSHUA M HIGGINBOTHAM

FEDERAL BLDG, CT-C

601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

816-389-3812

0009AB POP 20-MAR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 20-MAR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 20-MAR-2023 TO

19-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 20-MAR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 20-MAR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 N/A N/A N/A N/A

0014AA POP 20-MAR-2023 TO

19-MAR-2024

N/A USACE, KANSAS CITY +

JOSHUA M HIGGINBOTHAM

FEDERAL BLDG, CT-C

601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

816-389-3812

0014AB POP 20-MAR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0015 POP 20-MAR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management 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

52.217-5 Evaluation Of Options JUL 1990 52.222-50 Combating Trafficking in Persons OCT 2020 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 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 SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 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

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

DEC 2019

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items OCT 2020 252.247-7023 Transportation of Supplies by Sea FEB 2019

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

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

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

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (JUN 2020) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders…