B08_Combined Synopsis_Solicitation W91YTZ-23-Q-0175.pdf

W91YTZ23Q0175

COMBINED SYNOPSIS/SOLICITATION

(i) 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; quotes are being requested and a written solicitation will not be issued.

(ii) The solicitation number for this acquisition is W91YTZ-23-Q-0175 and it is being issued as a Request for Quote (RFQ). A subsequent Purchase Order will be awarded to the most qualified vendor.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 effective 06/06/2023.

(iv) This RFQ shall be unrestricted, and the associated North American Industry Classification System (NAICS) code is 333415 and the business size standard is 1,250 employees. The Product Service Code is 4110.

(v) For the complete list of line-item number(s) and items, quantities, and units of measure refer to the CLIN structure of the combined synopsis/solicitation.

(vi) The Health Contracting Branch, Fort Liberty, North Carolina, has a requirement for commercial items in support of Womack Army Medical Center that meets the salient characteristics and can perform the performance work statement for a Portable Refrigeration Unit.

(vii) Delivery of Supplies will be not later than 10 days after date of contract, acceptance by the Government, and FOB destination. Items will be marked for the following destination:

Womack Army Medical Center ATTN: TBD at time of award Fort Liberty, NC 28310

(viii) FAR 52.212-1, Instructions to Offerors – Commercial, does apply to this acquisition with an addenda to the provision.

ADDENDUM TO FAR CLAUSE 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

1. Replace paragraph (b) entitled “Submission of offers” with the following instructions:

(b) Submission of Quote. Submit signed and dated quote to the address identified below at or before the exact time specified in this solicitation. Paper/hard copy offers will not be accepted. It is encouraged to contact the Government for clarification if there are, or appears to be, errors, omissions, or inaccuracies in the request for quote.

Only signed quotes submitted will be accepted.

Quote shall contain the following sequential order:

a. Quotes shall be submitted on the combined synopsis/solicitation and may include an attachment for its technical description submission (no more than 5 pages). As a minimum, quotes must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotes;

(3) The name, address, telephone number, and UEI of the vendor;

(4) A technical description and detailed understanding of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. Some items called for by this request for quotation have been identified in the schedule as a "brand name only" description. Such identification is intended to be descriptive and is to indicate the quality and characteristics of products that will be satisfactory. To ensure that sufficient information is available for technical evaluation, the offeror shall furnish descriptive material (technical information, brochures, drawings, or other information) necessary for the purchasing activity to determine whether the product offered meets the salient characteristics of the requirement. Offerors not providing technical information may be excluded from competition.

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed/updated copy of the Vendor’s SAM Registration which includes the Vendor’s representations and certifications IAW FAR 52.212-3 and Alt 1 (see FAR 52.212-3(b), FAR 52.204-24, & FAR 52.204-26 for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) The Contractor shall provide certification to status of Buy American for all equipment. Vendors shall identify where all items are manufactured.

2. Replace paragraph (c) entitled “Period of acceptance of offers” with the following instructions:

(c) Period of acceptance for quotes. The vendor agrees to hold the prices in its offer firm for 30 days from the date specified for receipt of quotes.

3. Replace paragraph (e) entitled “Multiple offers” with the following instructions:

(e) Multiple quotes. Vendors shall not be authorized to submit partial quotes. The Government may award to an offeror, at a higher price, that is capable of providing the majority of all items under this solicitation. The Government will award to the offeror that is in the best interest of the Government.

(End of provision)

(ix) ADDENDUM TO FAR 52.212-2, EVALUATION--COMMERCIAL ITEMS (NOV 2021)

(a) The Government will award a purchase order resulting from this solicitation to the responsible vendor(s) whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government reserves the right to make an award on any item or group of items in a quote, if it is determined to be in the Government’s best interest. The procedures in Federal Acquisition Regulation (FAR) Part 12 and FAR 13 apply to this acquisition. The evaluation of this requirement will result in a purchase order(s), price and other factors considered. The following factors shall be used to evaluate quotes:

(1) Technical

(2) Delivery

(3) Price

(1) Technical Acceptability - is defined as the offeror’s ability to meet or exceed the Government’s requirements as stated in the solicitation.

i. Acceptability for providing a product that meets the salient characteristics and performance work statement (PWS) for the Government include technical acceptability in the offeror's ability to provide the product with an acceptable delivery date. The salient characteristics and PWS will be included in this solicitation. Vendors must state where the product is manufactured. Vendors must submit spec(s) sheet, or drawing, or photo of item(s) quoted.

(2) Delivery - is defined as the capacity and offeror affirmation to conform with, or better, the Required Delivery Date (RDD) of NLT 10 days after receipt of award. Offers will be evaluated for price inclusive of transportation charges from shipping point to the delivery destination. Delivery is to Womack Army Medical Center, Fort Liberty, NC 28310. Offeror must specify Shipping Terms, FOB Point, and cost expressed as Firm Fixed price or Not to Exceed Price with charges supported by actual shipping invoice.

(3) Price. Price will be evaluated in order to determine that it is fair and reasonable under FAR 13.106-3(a).

The offeror shall submit a price proposal utilizing the CLIN structure as stated in the solicitation. The Government will evaluate the offeror’s price proposal and award will be made provided the price proposal can be determined fair and reasonable. The Government price team will evaluate Offeror’s price submission based on the following.

i. Reasonableness:

a. The Government will compare the Offeror’s total price proposed to the total price proposed by historical data and the Independent Government Estimate (IGE) to determine the reasonableness of price. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

b. The Government may determine that an offer is unacceptable if, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques.

(b) Options. There are no options associated with the purchase order.

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

(End of provision)

(x) Provision at FAR 52.212-3, Offeror Representations and Certifications Commercial Items, applies to this acquisition. The Offeror's representations and certifications must be entered within the System for Award Management website (www.sam.gov) for consideration for award. Contractors may obtain information on registration and annual confirmation requirements via the Internet at https://www.sam.gov/ or by calling the Federal Service Desk (866) 606-8220. The Contractor shall separately certify that all requested items are Buy American compliant.

(xi) Clause at FAR 52.212-4 Contract Terms and Conditions Commercial Items, applies to this acquisition.

(xii) Clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items, applies to this acquisition. The additional clauses within section (b) of this clause also apply:

52.204-10; 52.204-27 52.209-6; 52.219-6; 52.219-28; 52.222-3; 52.222-19; 52.222-21, 52.222-26, 52.222-36, 52.222-50; 52.223-18; 52.225-1; 52.225-13; 52.232-33, 52.232-34, 52.239-1.

(xiii) Standard commercial warranty on all pieces of equipment shall apply. Perspective offerors shall comply with the remaining terms and conditions listed in this announcement.

(xiv) Defense Priorities and Allocations System (DPAS) rating is not applicable on this acquisition.

(xv) This is an electronic solicitation release. No hard copies will be mailed. Amendments to the solicitation will be posted to the System for Award Management (SAM) at www.SAM.gov. It is the responsibility of each vendor to review the webpage for notice of amendments, updates, or changes to current information.

The electronic quote is due August 3, 2023, at 12:00 p.m. EST. It is the responsibility of the vendor to ensure that the Contracting Office received their electronic quote submission by the due date on the SAM Notice.

(xvi) All inquiries during the solicitation phase should be directed to the Contract Specialist, Mr. Jon Long, Jonathan.d.long18.civ@health.mil and courtesy copy (cc:) the Procuring Contracting Officer (PCO) Mr. Michael McCollum at michael.j.mccollum12.civ@health.mil. Vendors are requested to review the solicitation and submit only written questions and/or comments with email subject line reference: Ref: W91YTZ-23-Q-0175 Portable Refrigeration Unit. All questions must be submitted no later than July 28, 2023, at 12:00 p.m. EST. to allow a reasonable time for the Government to respond. All questions submitted after that date and time may not be answered.

http://www.sam.gov/ mailto:michael.j.mccollum12.civ@health.mil

VENDOR’S INFORMATION

OFFEROR’S NAME:

OFFEROR’S ADDRESS:

OFFEROR’S PHONE #:

OFFEROR’S EMAIL:

OFFEROR’S UEI #:

OFFEROR’S CAGE #:

POINT OF CONTACT:

SIGNATURE:

DATE SIGNED:

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS)

Portable Refrigeration Unit

1.0 INTRODUCTION/OVERVIEW

This contract is for a purchase of a Portable Refrigeration Unit 20 foot in length, 8 foot wide, 8,5 feet high, 460 Volt, III Phase, 60 AMP breaker with services to deliver and set-up the unit with-in 15 days of contract award. The Portable Refrigeration Unit will be used in case of emergency crisis such as MASCAL, weather related breakdown, replacement requirements, or Man-Made disaster where the current unit has reach full capacity or failure during operations.

1.1 BACKGROUND

Womack Army Medical Center requires a working refrigerated unit in support of the Morgue. The morgue will need to function at the current location to enable WAMC store human remains. The vendor's refrigeration unit will provide WAMC with a stand-by emergency equipment required during break downs or emergencies. The current wall unit refrigeration system has reached its life expectancy and the manufacturer does not produce repair parts. This will require WAMC to contract with a company that can accommodate our requirements.

1.2 SCOPE

The Contractor shall upon notice of contract deliver to a designated location with-in15 days a new fully operational Portable Refrigeration Unit: vendor to transport, place, provide materials, and set-up to perform the mission as required. The Contractor will be required to have the necessary equipment, tools, and expertise to provide Womack Army Medical Center with all necessary requirements.

1.3 OBJECTIVES

The primary objective is to provide a Portable Refiguration Unit with all necessary equipment needed to complete their daily mission. There requirement is to store human remains at Womack Army Medical Center when required.

2.0 REQUIREMENTS

2.1 TASKS

2.1.1Vendor shall provide a 20 foot long, 8 foot wide by 8 foot 6 inches high portable refrigeration unit. Power to be 460 Volt, III Phase and 60 AMP. Vendor will deliver, set-up and ensure system is operating prior to acceptance of the unit. The Contractor shall ensure all finished articles shall conform to the generally accepted industry standards for quality of cleanliness, finish, and appearance. The items shall be clean, not only in the sense of being free from soil, stains; and objectionable odors, but also free from excess cleaning chemicals, which might cause irritation to the skin.

2.1.1 The Contractor shall maintain a system of records as to work performed sufficient to respond to request by the government.

2.1.2 The contractor shall provide the Portable Refrigeration Unit set up as agreed upon.

2.2 DELIVERABLES

2.2.1 Technical Point of Contact (TPOC). The government point of contact for this service.

2.2.2 Vendor will upon notification confirm receipt of contract and deliver to a designated location with-in 15 calendar days. Vendor will delivery, set-up and ensure operations.

2.3 SCHEDULE

2.3.1 Delivery: Delivery to be 15 calendar days from the award of contract.

2.3.2 Hours of Operations: 0730 -1700 (Under emergency condition 24 hour a day availability)

2.4 QUALITY CONTROL PROGRAM

2.4.1 Quality Control Program (QCP). The Contractor shall establish and maintain a complete QCP to verify the requirements of the contract are provided as specified.

2.4.2 The Contractor shall have an inspection system covering all the services required by this contract which must specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspection will be accomplished and documented, and the name and title of the individual who will perform the inspection.

2.4.3 The Contractor shall establish methods of identifying and preventing defects in the quality of service performed before the level of performance becomes unacceptable. This will include procedures for a method of inspection to assure proper temperatures, bleaches, bluing, chemical rinse, (sour) detergents and other additives are adhered to.

2.5 EMPLOYEES AND EXPERIENCE.

2.5.1 Contractor personnel shall present a neat appearance and must be easily recognizable as an employee of the Contractor. This may be accomplished by wearing distinctive clothing bearing the name of the company, or by wearing appropriate badges or identification tags which contain the company name.

This applies to any individual that enters the military installation under this contract.

2.5.2 The Contractor will ensure that employees have the following current and valid professional certifications before starting work. For all trucks exceeding 26,001 lbs. Maximum capacity, a certified Commercial Driver's License will be necessary for each driver.

2.6 CONTINGENCY PLAN

2.6.1 The Contractor shall have the responsibility of notifying the TPOC if at any time the plan is changed.

The Contractor shall notify the TPOC of any event that jeopardizes performance under this contract. The plan shall include contingency operations for:

2.6.2 Mobilization. If mobilization and services are required beyond the Contractor's capability to provide services, the Contractor shall advise the Contracting Officer of the capability and additional volume, which the Contractor can obtain from the local civilian community. Mobilizations that extend beyond the normal contract purview may be subject to a claim by the Contractor for the additional cost incurred as agreed upon by the Contracting Officer.

2.6.3 Labor Disputes. In the event of a labor dispute, the Contractor's responsibility to provide the service will not be terminated. The Contractor shall provide the Contracting Officer his/her strike or other employee job action contingency plan to continue performance of service without interruption or degradation in the quality of service. In the event of a strike or other labor dispute interference with timely contract performance, the Contractor shall immediately notify the Contracting Officer and initiate action under the contingency plan.

2.6.4 Disaster. In the event of a disaster, to include but not limited to destruction of the facility, sabotage, or an act of God or nature that renders the Contractor's facility unsafe, the Contractor shall determine feasible alternative method of providing services and make recommendations to the Contracting Officer.

2.6.5 Severe Weather Plan. The Contractor shall establish a severe weather plan with procedures of providing the laundry services to WAMC.

3.0 GOVERNMENT FURNISHED PROPERTY

3.1The Government will provide designated parking location and ensure power is available for set-up and installation.

3.2 CONTRACTOR FURNISHED ITEMS.

In addition to items specified elsewhere in the contract, the Contractor shall furnish:

3.2.1 The Contractor shall provide all property or services necessary for the performance of this contract that is not specifically identified as furnished by the Government.

3.2.2 The Contractor shall provide their employees all appropriate protective clothing as required by

OSHA.

4.0 SECURITY REQUIREMENTS

4.1.1 The Contractor shall furnish a list of all employees entering the military facilities at least five (5) calendar days prior to the start of contract performance. The list shall include the full name and work assignment of each employee. The Contractor shall notify the respective TPOC of all additions, deletions, or changes at least five (5) days in advance of such changes whenever practicable, or as soon thereafter as is reasonably practicable.

4.1.2 Contractor Employee Compliance. The Contractor shall ensure that Contractor's employees entering the military installation observe and comply with all Army policies, regulations, and procedures concerning fire, safety, environmental protection, sanitation, security, traffic, parking, flag courtesy, "off limits" areas, and possession of firearms or other lethal weapons.

4.1.3 GATE CONTROL. The award of this contract does not bestow a right to have access to any military installation. Unscheduled gate closures by the Security Police may occur at any time and personnel entering or leaving the installation may experience delays. All vehicles are subject to search while on federal installations pursuant to current directives. Although delays due to the Government cannot be held against the Contractor, the Contractor shall ensure delivery is scheduled in time to allow for these inspections. Any violation of installation regulation, state or federal statue may result in the termination of the privilege to enter one or more military installations.

4.1.4 GATE ACCESS. All commercial vehicles, vans and larger, will be required to enter Womack Army Medical Center's Main Post through the Knox Street Gate. The Knox Street gate hours of operation are 7 days a week 24 hours a day. Commercial vehicles are expected to complete their business and exit Fort Liberty through any Gate applicable to their direction of travel. Commercial vehicles may be searched.

Upon entry of the installation drivers will be required to show photo identification.

SALIENT CHARACTERISTICS

Dimensions: 20’L x 8’W x 8’6”H on the exterior and 17’L x 7’6”W x 7’6”H on the interior.

Capacity: Able to accommodate up to 16 cadavers using both sides

Doors: Lockable double doors on one end or side

Exterior: Metal

Interior: Stainless steel walls and ceiling with floor constructed of aluminum

Lighting: Interior ceiling or wall mounted lights

Electrical Requirements: 460 Volt, 3 Phase, 60 AMP

Reefer Unit: On board

Delivery: Set up, powered up, tested run and all transportation and lift equipment provided by vendor

Training: Provided upon delivery

Warranty: 5-year parts and labor

Repairs and Service: To be provided by manufacturer trained technicians

Delivery Schedule: Coordinated within 10 days of award

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

PORTABLE REFRIGERATION UNIT

FFP

PORTABLE REFRIGERATION UNIT

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification, or a DoD recognized unique identification equivalent.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011975426-0002

PSC CD: 4110

NET AMT

0002 Job

TRANSFORMER/CONVERTER

FFP

TRANSFORMER/CONVERTER

FOB: Destination

0003 1 Job

DELIVERY UNIT

FFP

DELIVERY UNIT

FOB: Destination

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 N/A N/A N/A Government 0003 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

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

DEC 2022

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JUN 2023

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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

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

JAN 2023

252.204-7022 Expediting Contract Closeout MAY 2021 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

https://www.sam.gov/

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of Provision)

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 http://www.sam.gov/ https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://cage.dla.mil/ services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

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.

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services: [Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13,…