Combine Synopsis Solicitation W519TC-24-4061 Released.pdf

DEPARTMENT OF THE ARMY

ARMY CONTRACTING COMMAND – ROCK ISLAND

3055 RODMAN AVENUE

ROCK ISLAND, IL 61299-8000

11 March 2024

US Army Contracting Command – Rock Island, Munitions, and Industrial Base Division –

CCRI-AIE

1. This combined synopsis/solicitation for commercial items is prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes only the solicitation; quotes are being requested and a written solicitation will not be issued.

2. The U.S. Army Contracting Command – Rock Island (ACC-RI) hereby requests a quote for Preventative Maintenance and Repair Services for Environmental Conditioning Chambers in support of Pine Bluff Arsenal (PBA), in accordance with the Statement of Work below.

3. Solicitation W519TC-24-Q-4061 is issued as a Request for Quote (RFQ). This combined synopsis/solicitation is being released IAW FAR Part 12 and FAR Part 13.5.

The Government Anticipates awarding a hybrid Time & Materials and Firm-Fixed Price contract with a six-month period of performance.

Period of Performance: Date of Award – 6 Months from Date of Award

4. The following NAICS code and small business size standard apply: NAICS: 541380 Size Standard: $19,000,000.00.

5. Vendor shall use Attachment 0001: “W519TC-24-Q-4061 PRICE MATRIX” to submit its price quote.

6. Contract will be awarded in accordance with the addendum to FAR 52.212-2 to the Lowest Price Technically Acceptable, responsive, and responsible contractor whose price is determined to be fair and reasonable.

7. FAR 52.212-1 Instructions to Offerors-Commercial Items, and/or any addenda to this provision, are applicable to this acquisition.

8. FAR 52.212-2 Evaluation – Commercial Items, and/or any addenda to this provision, are applicable to this acquisition.

9. Quoters shall submit a completed copy of FAR 52.212-3 Offeror Representations and Certifications-Commercial Items with its offer.

10. FAR 52.212-4 Contract Terms and Conditions – Commercial Items, and any addenda to this clause, are applicable to this acquisition.

11. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, and any of the FAR Clauses marked, in the full text FAR 52.212-5 included below, are applicable to this acquisition

12. This acquisition is not rated in the Defense Priorities and Allocations System.

13. Please submit all questions by 1:00pm, Central time on 15 March 2024. The USG is not obligated to answer questions submitted after this time. All reasonable questions submitted by the date listed above will be answered via amendment to the solicitation.

14. The Place of Performance is Pine Bluff Arsenal, Pine Bluff Arkansas 71602.

15. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03, published 23 February 2024.

16. Quotes shall be submitted electrically via email by 1:00 pm, Central Time on 21 Mar 2024 via email. The points of contact for this action. Please include both contacts in all correspondence.

Contract Specialist: Larry Owens, larry.w.owens4.civ@army.mil Contracting Officer: John Fotos, john.g.fotos.civ@army.mil

Sincerely, John Fotos, Contracting Officer

Encl:

Attachment 0001 W519TC-24-Q-4061 PRICE MATRIX Attachment 0002 CDRL iWatch Training mailto:larry.w.owens4.civ@army.mil mailto:john.g.fotos.civ@army.mil

Statement of Work February 2024

SERVICE OF ENVIRONMENTAL CHAMBERS BLDG 32510 & 32520

This service is for preventative maintenance, diagnose and minor repair environmental chambers at the production engineering lab, Pine Bluff Arsenal. This is for one service call. There are no option periods for this service requirement.

The equipment has specialized multistage refrigeration systems that regular refrigeration technicians do not have required expertise to service. Some of these units also have humidity generators that must be maintained. Furthermore, the controls for the equipment are micro-controllers and chart recorders that the technician must be able to troubleshoot as a component of the operation of the equipment. Units with chart recorders must be repaired so that the readings on the chart recorder can be calibrated using NIST standards. The technician does not actually have to certify the calibration.

The systems to be repaired and a short description of known problem are stated below.

LOCATION Equipment Description ISSUE 32-510 Cubicle 9

Russell Model Number: GD-16-5-5- WC, Serial Number: 06093986, Watlow F4 controller

PM_CHECK

Condenser Water not flowing.

Cubicle 10

Russell Model Number: RDV-32-705- 705, Serial Number: 11992696, Watlow F4 controller

PM_CHECK

Ignore Humidity

32-510 Walk in 1

Model Number WR-576, Serial Number 2537, Watlow F4 controller

Need a check for any damage/refrigerant leak or contamination.

Temperatures fell to 13 degrees multiple days with water in the condenser and NO

FLOW. PM_CHECK

Ignore Humidity

Walk in 2

Model Number WR-662, Serial Number 2529, Ignore Humidity

32-520 Trailer

FRONT/

RIGHT

SIDE

chamber 1

TM-32CC BMA Model Number:

TM32CC, Serial Number: 2527

Trailer

LEFT SIDE

chamber 2

TM-32CC BMA Model Number:

TM32CC, Serial Number: 2528

Cubicle 4

Envirotronics Model Number: FLX900- 2-3.5-AC-H, Serial Number:

06127988, Honeywell Truline DR4500 Recorder.

PM_CHECK

Ignore Humidity

32-510 Cubicle 8

Russell Model Number: RDV-32-705- 705, Serial Number: 03921136, Watlow F4 controller, Honeywell DR4502 Recorder.

East Apron Freezer

Envirotronics Model Number:

WPS450-2-7.5, Serial Number 06963270, Watlow F4 Controller, Partlow MRC7000 Recorder.

74-100 Hotpack Environmental Chamber SP Industries Model Number:

HEC33R, Serial Number 300935, Watlow F4 controller, Honeywell DR4300 Recorder.

HEC33R, Serial Number 300936, HEC33R, Serial Number 300937, Watlow F4T controller, Honeywell

HEC33R, Serial Number 300938, PREVENTATIVE MAINTENANCE

Tasks are expected to include a thorough inspection of all electrical components, refrigeration components, and other equipment and systems. Where possible, routine minor adjustments will be made to return the equipment to top running condition.

Upon completion of the inspections, the technician will provide a detailed report detailing condition of each chamber and recommendations and quotation for any repairs that may be needed. A period of 4 hours for each unit after repair should be allowed to demonstrate operational capability of each system.

REPAIRS

Service repairs that fall outside of the scope of preventive maintenance tasks may also need to be performed. It is possible that the Contract Awardee will be asked to perform these service repairs the same day while on-site at PBA performing the current preventive maintenance visit. The Contractor will be required to submit a proposed plan to execute the needed service repairs and a corresponding price quote, which must be approved by the Contracting Officer prior to initiating the service repair process. This quote shall separate parts and labor costs and shall include all anticipated travel costs.

. Note that the Government will reimburse any travel costs in accordance with the Joint Travel Regulation. In all repair cases, the Contracting Officer shall determine if the awardee’s proposed price is fair and reasonable and shall approve each quote for service repair in the form of issuing a Notice to Proceed (NTP) prior to the Contractor initiating the repair process. The Government is not obligated to approve the service repairs suggested by the contractor. The Government can accept all or any portions of the Contractor’s proposed repair plan; or the Government can refuse the contractor’s proposed repair plan.

GENERAL INFORMATION

UNFORESEEN FACILITY CLOSURES

When an unforeseen facility closure, inclement weather, or other event found to be an acceptable delay by the COR prevents completion of services on a regular scheduled work day, the COR shall have the following options: Reschedule the work to be performed for the following business day, or other alternative day as determined by the COR; or, forego the work and notify the Contractor invoicing for the services not performed is prohibited.

PHYSICAL SECURITY

The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

Passes and Badges. All Contractor employees shall obtain the required employee passes. The Contractor shall, prior to the start of the contract, submit to the COR an estimate of the number of personnel expected at any one time on the contract. The

Government will issue badges without charge. Each employee shall wear the Government issued badge over the front of the outer clothing.

The Contractor shall return the employee's pass and badge within five (5) days when an employee leaves the Contractor's service. The Contractor shall be assessed $44.00 or current cost for each employee pass and badge not returned to the Government. Passes and badges issued to contractor employees shall not negate the requirement for employee identification required in section 4.7 "Identification of Contractor Employees”.

The company name shall be displayed on the Contractor's vehicles in a manner and size that is clearly visible. All vehicles shall display a valid state license plate and shall be maintained in good repair. Privately owned vehicles are allowed at this job site.

ANTI-TERRORISM AND OPERATIONS SECURITY

The Contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office or Security Office. The Contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees’ commencing performance, with the results reported to the COR no later than 40 calendar days after contract award.

IDENTIFICATION OF CONTRACTOR EMPLOYEES

All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as contractor products or that Contractor participation is appropriately disclosed. All Contractor and subcontractor employees working under this contract shall be identified by a distinctive nameplate, emblem, or patch attached in a prominent place on an outer garment.

Employee identification shall not be substituted for Arsenal badges.

FIRE PROTECTION.

The Contractor and his/her employees shall be trained to properly respond during a fire alarm or fire per local activity instructions.

No fire or flame producing device will be used on the Arsenal without prior approval of the Fire Chief.

Smoking will be permitted only in authorized/designated smoking areas with the approval of the COR. Smoking is not permitted inside or within 50 feet of any Arsenal building.

ENVIRONMENTAL PROTECTION

All environmental protection matters shall be coordinated with the Contracting Officer/COR. In the event that a regulatory agency assesses a monetary fine against the Government for violations caused by contractor negligence, the contractor shall reimburse the Government for the amount of that fine and all other costs. The contractor shall also clean up any oil spills that result from the contractor's operations. The contractor shall comply with the instructions of the Environmental Protection Coordinator with respect to avoidance of conditions which create a nuisance, or which may be hazardous to the health of military or civilian personnel.

Compliance with Environmental Laws and Regulations: Contractor shall comply with all applicable federal, state, and local environmental laws, statutes, regulations, executive orders, permits, Army regulations (with supplements), as well as Major Subordinate Command (MSC) and installation regulation, policy, Host Tenant Agreement, Interagency Service Support Agreement, or Status-of- Forces Agreement. Contractor shall immediately report any conflicts between applicable federal, state, local environmental laws, statutes, executive orders, and provisions of Army Regulation 200-1, and any specifications within this contract to the Contracting Officer Representative (COR).

Compliance with Green Procurement Requirements: Contractor shall follow Federal EPA Comprehensive Procurement guidelines (www.epa.gov/cpg) and Army Contracting Command Quick Guide (https://acc.aep.army.mil/accapps/ACCMAP/Documents/Quick- Guide-for- Sustainable-Procurement.docx) for acquisition of building materials and products and select materials that have a long life cycle; the least toxic materials;

recyclable materials; materials that are resource-efficient; materials with the maximum recycled content; materials harvested on a sustained yield basis; and products causing the least pollution during their manufacture, use, and reuse.

Compliance with License and Certification Requirements: Contractor shall obtain all license and certification required by Federal, State, and Local environmental laws and regulations necessary to adhere to the specifications of this contract. The Contractor shall submit all plans, notifications, reports, submittal documents, and fees required by Federal, State, and Local environmental laws and regulations to the appropriate Federal, State, and Local authority and/or agency as necessary to adhere to the specification of this contract. All required licenses and certifications required by Federal, State, and Local environmental laws and/or regulations shall be submitted with Contractor’s quote in response to the solicitation.

Notification of Federal and State Regulators: Contractor shall immediately notify the COR of the arrival on site of any Federal, State, and/or DoD environmental regulator or http://www.epa.gov/cpg) enforcement agent and/or the receipt of any correspondence from a Federal or State environmental agency.

Inspections of Work Sites: Contractor shall submit to potential Federal, State, Army and installation work site environmental regulatory inspections and/or investigations into noncompliance, and fully cooperate with such inspections/investigations by providing the appropriate records and documentation. Environmental regulatory agencies are authorized by law to inspect any work site for environmental compliance with regulatory requirements. If an inspection is conducted, it will not stop or disrupt ongoing contract activities. The inspection will only require the work site environmental officer, or supervisor/manager to answer questions and/or escort the inspector to specific work site areas with the potential to affect environmental quality.

Reporting Noncompliance: Contractor shall immediately report any nonconformance and/or noncompliance with applicable Federal, State or Local environmental laws, Army and installation environmental regulations or policies to the COR.

Verification of National Environmental Policy Act Documents: Contractor shall obtain from the COR, a copy of AMC's National Environmental Policy Act Policy and 32 CFR 651 which addresses actions to be taken by contractor. These documents include but is not limited to the analysis-associated decision document of an Environmental Impact Statement and Record of Decision; Environmental Assessment and Finding of No Significant Impact or Notice to Proceed; or Record of Environmental Consideration on the proposed contract actions prior to commencement of such actions.

Conformance with Environmental Management System: Contractor shall take the necessary actions to identify, monitor, and control those contract operations and activities that pose risk of contamination, or can negatively impact the natural and/or human environment.

Assignment of Environmental Compliance Designee (ECD): N/A

Competency Training for Contractor Personnel: Contractor shall not allow personnel to perform any activities and/or tasks on AMC installations without proper and adequate qualifications or job competency training. In the event of any identified noncompliance, the Contractor shall, if requested, provide proof of contract personnel training or qualification (individual name, training/qualification type, training/qualification certificate, and date of training/qualification) to perform those contract activities associated with the identified noncompliance.

Generation of Solid Waste: Contractor shall remove from the installation and dispose of all solid waste generated, which cannot be recycled to an approved and permitted off-post disposal facility.

Generation of Hazardous Waste: Generation of Hazardous Waste: Contractor shall contact the COR to obtain technical assistance from the Environmental Office for assisting with achieving and maintaining compliance with hazardous waste storage and disposal requirements. Contractor shall properly profile all waste generated as part of this contract to determine if any waste is hazardous waste as defined by 40 CFR. Contractor shall accumulate hazardous waste prior to disposal shipment in a satellite accumulation point at or near the point of generation or in a less-than-90-day site, in accordance with Federal, State, Army, and installation regulation, policy, Host Tenant Agreement, Interagency Service Support Agreement or Status-of-Forces Agreement. The Contractor shall properly package the hazardous waste and complete the hazardous waste manifest, then take the manifest to COR for approval and signature.

Contractor shall contact COR to obtain the installation’s hazardous waste EPA ID number for the hazardous waste manifest. The contractor shall remove and dispose of manifested hazardous waste generated by contract activities from the installation, to an approved off-post permitted hazardous waste disposal facility. The COR shall assist contractors with profiling their waste upon request.

Use of Hazardous Materials: N/A Prevention of Storm Water Pollution: N/A Storm Water Management Low Impact Design/Development (LID): N/A Use of Pesticides:

N/A Protection of Work Site Resources: Contractor shall confine all activities to areas defined by the drawings and specifications. The Contractor shall provide effective protection for land and vegetative resources at all times.

Prevention of Spills: Contractor shall adopt the installation's Spill Prevention Control and Countermeasures Plan (SPCC) if transporting, processing, storing, or in any way managing hazardous waste, hazardous material, petroleum-oils-lubricants, or other restricted items. In case of a spill, the person in control of the spill site or their designated representative shall take appropriate action to protect workers and bystanders; contain the spill (if it can be done safely); secure the spill site; restrict ignition sources; and immediately contact the installation Fire and Emergency Services (Fire Department).

Protection of Sensitive Areas: N/A

Corrective Action for Noncompliance: Contractor shall when given a verbal and/or written notice of environmental noncompliance or nonconformance by the COR, take immediate corrective action. Failure or refusal to comply promptly may be grounds for the Contracting Officer to invoke the appropriate contractual remedies. This may cause all or part of the work to be stopped immediately until satisfactory corrective action has been taken.

Noise: N/A

Mercury: Mercury is prohibited, unless specified otherwise, and with the exception of mercury vapor lamps and fluorescent lamps. Dumping of mercury-containing materials and devices such as mercury vapor lamps, fluorescent lamps, and mercury switches, in rubbish containers is prohibited. Remove without breaking, pack to prevent breakage, and transport out of the activity in an unbroken condition for disposal as directed. Immediately report to the COR instances of breakage or mercury spillage. Clean mercury spill area to the satisfaction of the Contracting Officer. Cleanup of a mercury spill shall not be recycled and shall be managed as a hazardous waste for disposal.

Universal Waste / e-Waste Management: Universal waste including but not limited to some mercury containing building products such florescent lamps, mercury vapor lamps, high pressure sodium lamps, CRTs, batteries, aerosol paint containers, electrical equipment containing PCBs, and consumed electronic devices, shall be managed in accordance with applicable environmental law and installation instructions.

Pollution Prevention / Hazardous Waste Minimization: Minimize the use of hazardous materials and the generation of hazardous waste. Consult with the Environmental Office for suggestions and to obtain a copy of the installation's pollution prevention/hazardous waste minimization plan for supporting waste minimization goals.

SAFETY REQUIREMENTS.

The contractor shall comply with local, state, and Federal Occupational Safety and Health requirements and provide report of accidents and citations to the KO within 72 hours of occurrence.

Prior to commencing work, the Contractor shall meet with the COR to discuss and develop mutual understandings relative to administration of the Safety Program.

All Contractor personnel shall receive the PBA General Safety Briefing prior to reporting to work. If proof of briefing attendance cannot be provided for any employee, that employee shall not be available to work until proof of attendance is provided. Time and location of briefing shall be provided to the contractor at the Post Award meeting.

The Contractor shall ensure compliance with PBA Policy Letter 385-3, “Wearing of Safety Clothing and Equipment in Manufacturing Areas of Pine Bluff Arsenal”. All contractor personnel will comply with ANSI Z133.1; wear reflective bright orange or lime green vests while conducting operations on roadways.

The Contractor shall ensure compliance with the Hazard Communication Standard, 29 CFR 1910.1200 and provide the COR with verification that each contract employee has been provided this training prior to beginning work on the installation. The COR will provide site specific hazard communication information as requested by the Contractor.

The Contractor's workspace may be inspected periodically for OSHA and Army violations. Abatement of violations will be the responsibility of the contractor and/or the Government as determined by the KO. The Contractor shall provide assistance to the Safety Office escort and the federal or state OSHA inspector if a complaint is filed. Any fines levied on the Contractor by federal or state OSHA offices due to safety/health violations shall be paid promptly.

Equipment shall be maintained in a safe operating at all times. Equipment shall be stored in the areas so designated. The Contractor shall secure vehicles and mobile equipment by removing the keys from key operated ignition or by other physical means when not in use. Electrical equipment must operate using existing building circuits. The Contractor shall prevent the operation of electrical equipment which requires power exceeding capacity of existing building circuits.

Work sites shall be kept free of debris and material which could cause injury to workmen or others in the area. When deemed advisable by the COR, signs shall be posted to warn of specific hazards.

Hoists, cranes, derricks, or similar equipment shall not be operated where it is possible to bring any part of the machine, suspended load or lines closer than ten (10) feet to power lines unless the lines have been de-energized and grounded.

Such other safety measures as the COR may determine to be reasonable and necessary for the protection of personnel and property will be enforced.

CONTRACT TERMS AND PROVISIONS

The following clauses will be incorporated into the contract by Reference:

52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Sep 2023) 52.212-3 Offeror Representations and Certifications-Commercial Items (Nov 2023) 52.212-4 Contract Terms and Conditions-Commercial Items (Nov 2023) 52.222-38 Compliance with Veterans’ Employment Reporting Requirements (FEB 2016) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.237-2 Protection of Government Buildings, Equipment and Vegetation (Apr 1984)

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

252.203-7000 Requirements Relating to Compensation to former DoD Officials (Sep 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Dec 2022) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011)

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

252.204-7002 Payment for CONTRACT LINE OR Subline Items Not Separately Priced

(APR 2020)

252.204-7003 Control of Government Personnel Work Product (Apr 1992) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Jan 2023) 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) 252.223-7008 Prohibition of Hexavalent Chromium (Jan 2023) 252.225-7055 Prohibition Regarding Business Operations with the Maduro Regime (Jan 2023) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7006 Wide Area Workflow Payment Instructions (Jan 2023) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.243-7001 Pricing of Contract Modifications (Dec 1991)

The following clauses will be incorporated into the contract by Full Text:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212- 3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

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

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

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

(d) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It __ does, __ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

https://www.sam.gov/

(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)

(1) Representation. 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.

(End of provision)

Addendum to 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

1. The Quoter is highly encouraged to read each document included in the solicitation prior to preparing a response.

2. The USG intends to award one contract to the lowest priced, technically acceptable, responsible Quoter. The evaluation factors for this solicitation are as follows:

Factor 1: Technical Factor 2: Price

Only quotes that are found to be Techically Acceptable will be evaluated for Price.

3. Quoter shall prepare a quote package that contains all the data listed immediately below and described in sections 3(i-iii) of this Addendum. Quote shall be submitted electronically in compliance with the instructions provided in Combined Synopsis/Solicitation “W519TC-24-Q-4061”.

• Contractor Representations & Certifications

• Technical Description of services provided

• Completed Price Matrix

• Signed acknowledgement of the solicitation and any subsequent solicitation amendments (if any amendments have been issued by the Government Contracting Officer).

• Valid registration in www.sam.gov

i. Representations & Certifications Completed FAR Provision 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) Completed FAR Provision 52.204-26, Covered Telecommunications Equipment or Services – Representation (DEC 2019) Completed FAR Provision 52.212-3, Offeror Representations and Certifications – Commercial Items (JUN 2020) Completed FAR Clause 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) Completed FAR Clause 52.222-25 Affirmative Action Compliance (APR 1984)

ii. Factor 1 Technical: A technical description of the services being offered in sufficient detail to evaluate compliance with the requirements of this solicitation and the SOW.

This document shall be submitted on company letterhead in Adobe Acrobat (.pdf) format. The staffing plan is limited to no more than 10 pages. The Cover Page and Table of Contents do not count towards page count. The Government is not obligated to review and evaluate any more than the first 10 pages for the Staffing Plan.

iii. Factor 2 Completed Price Matrix. Contractor is required to complete Attachment 0001 W519TC-24-Q-4061 PRICE MATRIX by inputting the following data in the http://www.sam.gov/ corresponding yellow highlighted cells in the Excel spreadsheet, which are not exclusively limited to the following:

• Company Name

• SAM Unique Identifier

• Quote Expiration Date

• Vendor Proposed Amount in the yellow highlighted cells.

(End of Addendum to FAR Provision 52.212-1)

52.212-2 Evaluation – Commercial Products and Commercial Services (Nov 2021)

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

1. Technical

2. Price

(b) 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)

Addendum to 52.212-2 Evaluation-Commercial Products and Commercial Services (NOV 2021)

1. The USG will evaluate responses to this solicitation in accordance with (IAW) the procedures described within this addendum.

2. Basis for Contract Award: The USG intends to award a single, Time & Materials and Firm-Fixed Price hybrid contract, utilizing procedures from FAR parts 12 and 13. The USG intends to issue one contract award to the lowest priced, technically acceptable, responsible quoter. The USG intends to evaluate quotes and award a contract without discussions. Therefore, a quoter’s initial quote should contain the best terms for price and technical description. However, the USG reserves the right to conduct discussions if determined necessary by the Contracting Officer.

3. The Evaluation Factors for this solicitation are as follows:

FACTOR 1: Technical

FACTOR 2: Price

FACTOR 1: Technical Description

ACCEPTABLE: The quoter has submitted a Technical Description that meets all the required elements of the Statement of Work

UNACCEPTABLE: The quoter either does not submit a Technical Description; or submits a Technical Description that does not mee all the required elements of the Statement of Work.

FACTOR 2: PRICE

Only quotes rated as Technically Acceptable will be evaluated for Price.

Price will be determined by total summation of the prices entered for the Preventative Maintenance in each of the yellow fields in the attached Price Matrix submitted by the quoter, plus labor rates quoted for repairs beyond the Preventative Maintenance.

Award will be made to the Contractor determined responsive, IAW the terms of this solicitation; responsible, in accordance with FAR 9.104; whose quote is considered technically acceptable and has the lowest evaluated price.

The USG shall not make assumptions concerning a Contractor’s intent, capabilities, or facilities. Clear identification is the sole responsibility of the Contractor. Quotes shall be evaluated only on their content. Assumptions, preconceived ideas, and personal knowledge or opinions for these factors not supported by material in the quote shall not be considered or used as a basis for evaluation.

(End of Addendum to FAR Provision 52.212-2)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (Dec 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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23

(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.] _X_ (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, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 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.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

_X_ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

__ (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204–30.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_29 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

_X_ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved] __ (18)

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

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

__ (19)

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

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

__ (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21)

(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 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 (SEP 2023) of 52.219-9.

__ (22)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (OCT 2022) ( 15 U.S.C. 657f).

__ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR…