Combined_Syn-Soli_N6264921Q0212 (Final).docx

This is a COMBINED SYNOPSIS/SOLICITATION, N6264921Q0212 for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both FEDBIZOPPS and NECO/AsiaNECO (http://www.neco.navy.mil/).

The NAICS code is 811411, for Boat Engine Maintenance. This is a competitive, unrestricted action among sources duly authorized to operate and do business in JAPAN. Offerors may be required to submit additional documentation demonstrating their ability to perform in Japan prior to award.

It is the quoter’s responsibility to ensure all electronic media are readable by the Government.

All Contract Line Item Numbers (CLINs) shall have a firm-fixed unit price and total price.

Quotation for this Combined Synopsis/Solicitation must be on an “All or NONE” basis. Partial or incomplete quotations are ineligible for award.

Clarification Contractors may request clarification of any specification or contract term. No verbal requests for information will be accepted by the Contracting Officer or his/her Technical Representative. Contractor’s questions must be submitted to the Contract Specialist in writing via email: yukako.hishikura.ja@fe.navy.mil. All requests for clarification on the subject solicitation shall be emailed to the Contract Specialist by 30 Jul 2021 at 1530 hrs Japan Standard time (JST). All questions and answers will be submitted via an amendment to the original solicitation.

This announcement will close and time for quote submission is on 23 August 2021 at 1100 hrs JST. Offers received after this date and time will be considered non-responsive and will not be given further consideration. Please provide all submission to the Government Point of Contact: yukako.hishikura.ja@fe.navy.mil.

Company’s information:

Below company’s information must be provided.

Company’s name:

Company’s address:

Cage code:

Point of Contact (POC):

POC’s phone number:

POC’s e-mail:

Contractor may submit in either US Dollar or Japanese Yen. If providing Japanese Yen, JPY107.9114/USD is used as conversion rate in accordance with FAR52.225-17.

Base Period Period of Performance 1 Sep 2021 through 31 Aug 2022 or for One year from the date contract awarded

ITEM0001 – CUMMINS ENGINES YEARLY MAINTENANCE FOR BARRIER BOATS

For Barrier Boats B-1 and B-2.

Including 3 Months, 6 Months, and 12 Months Maintenance.

See below Performance Work Statement for detail.

ITEM0002 - CUMMINS ENGINES YEARLY MAINTENANCE FOR WORK BOATS

For Work Boats WBM-1, WBM-2, WBM-3, WBM-4, WBM-5, WBM-6, WBL-1 and WBL-2.

See below Performance Work Statement for detail

Total Amount for Base Year: _______________

Option Year I Period of Performance 1 Sep 2022 through 31 Aug 2023 or for One year, starting at the end of Base Year

ITEM1001 – CUMMINS ENGINES YEARLY MAINTENANCE FOR BARRIER BOATS

See below Performance Work Statement for detail.

ITEM1002 - CUMMINS ENGINES YEARLY MAINTENANCE FOR WORK BOATS

See below Performance Work Statement for detail

Total Amount for Option Year I: _______________

Option Year II Period of Performance 1 Sep 2023 through 31 Aug 2024 or for One year starting at the end of Option Year I

ITEM2001 – CUMMINS ENGINES YEARLY MAINTENANCE FOR BARRIERBOATS

See below Performance Work Statement for detail.

ITEM2002 - CUMMINS ENGINES YEARLY MAINTENANCE FOR WORK BOATS

See below Performance Work Statement for detail

Total Amount for Option Year II: _______________

Ground Total Amount:

PERFORMANCE WORK STATEMENT (PWS)

PORT OPERATIONS SMALL/MEDIUM CRAFT CUMMINS ENGINES MAINTENANCE

1.2 This contract is for non-personal services. It does not create employment rights with the U.S. Government whether actual, inherent, or implied. By agreeing to perform the services described in these specifications, the Contractor acknowledges that he/she is not, and shall not become an employee of the U.S. Government. The Contractor further agrees that he/she shall not bring any cause of action in any forum claiming that he/she has become an employee of the U.S. Government.

1.3 This contract extension is a “non-personal services contract” as defined in FAR 37.101. It is, therefore, understood and agreed that the Contractor and/or the Contractor’s employees or sub-contractor:

1.3.1. Shall perform the services specified herein as independent Contractors, not as employees of the government.

1.3.2. Shall manage and administer the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract.

1.3.3. Shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but

1.3.4. Shall, pursuant to the government’s right and obligation to inspect, accept, or reject the work, comply with such general direction of the Contracting Officer, or the duly authorized representative of the Contracting Officer as is necessary to ensure accomplishment of the contract objectives.

QUARTERLY MAINTENANCE

SEMI-ANNUALLY MAINTENANCE

ANNUALLY MAINTENANCE

UNSCHEDULE MAINTENANCE

REFERENCE

BARRIER BOAT (B-1 & B-2)

· MANUFACTURER: CHUCK’S BOAT AND DRIVE CO.

· BOAT LENGTH: 25 FT (7.63 METERS)

· BOAT BEAM: 13 FT 8 IN (4.17 METERS)

· BOAT DRAFT: 6 FT 9 IN (2.06 METERS)

· ENGINE MANUFACTURER: CUMMINS

· ENGINE MODEL: QSM11

· PROPULSION ENGINE RATING : 450 BHP @ 2300 RPM

WORK BOAT (WB1401, WB1404, WB1405)

· MANUFACTURER: MARINE GROUP BOAT WORKS

· BOAT TYPE:WB 30 FT WORK BOAT CLASS

· BOAT LENGTH: 30 FT.

· BOAT WIDTH: 14 FT. 11 INCHES

· BOAT DRAFT: 5 FT.

· ENGINE MANUFACTURER: CUMMINS

· ENGINE MODEL: QSL9-290

· PROPULSION ENGINE RATING : 285 BHP @1800 RPM

WORK BOAT (WB1602, WB1603, WB1604)

· MANUFACTURER: MODUTECH MARINE, INC.

· BOAT TYPE: WB 30 FT WORK BOAT CLASS

· BOAT LENGTH: 29.87 FT.

· BOAT WIDTH: 14.92 FT.

· BOAT DRAFT: 5.58 FT.

· ENGINE MANUFACTURER: CUMMINS

· ENGINE MODEL: QSL9-290

· PROPULSION ENGINE RATING : 285 BHP @1800 RPM

WORK BOAT (WB1501, WB1502)

· MANUFACTURER: MARINE GROUP BOAT WORKS

· BOAT TYPE:WB 46 FT WORK BOAT CLASS

· BOAT LENGTH: 46 FT

· BOAT WIDTH: 16 FT 11 IN

· BOAT DRAFT: 4.4 FT

· ENGINE MANUFACTURER: CUMMINS

· ENGINE MODEL: QSL9-290

· PROPULSION ENGINE RATING : 285 BHP @1800 RPM

2. DESCRIPTION OF REQUIREMENT AND REQUIRING ACTIVITY:

The requirement includes the periodic preventive maintenance services for Cummins diesel engines QSL9-290 onboard the 30 FT Work Boats and 46 FT Work Boats, and QSM11 onboard the 25 FT Barrier Boat. The requiring activity is COMFLEACT Yokosuka, Port Operations Department.

3. PLACE OF PERFORMANCE:

Port Operations, Bldg. 5203 or place will be determined by authorizing authority.

Commander Fleet Activities Yokosuka, Japan

4. PERIOD OF PERFORMANCE:

Maintenance performance requirement is in accordance with Cummins Diesel Engines Operation and Maintenance Manual for QSL9-290 and QSM11 engines. This maintenance is to be completed within a 12 month period of receipt of contract to ensure no overlap and/or exceeding engine hour maintenance requirement of each utility boat.

Base Year: 01 SEP 2021 TO 31 AUG 2022 or for One year from the date of contract awarded Option Year I: 01 SEP 2022 and 31 AUG 2023 or for One year starting at the end of Base Year Option Year II: 01 SEP 2023 and 31 AUG 2024 or for One year starting at the end of Option Year I

5. PREVENTIVE/PERIODICAL MAINTENANCE SERVICES:

The Contractor shall perform the periodic preventive maintenance in accordance with the manufacturer’s maintenance manual. The services shall be performed on site depending on the operational hours of each propulsion engines during the performance period with a mutually agreed upon schedule between the Contractor and the requiring activity. Qualified technician personnel are authorized to perform periodic maintenance on propulsion engines. Such services shall include but are not limited to, technical inspection, adjustment, cleaning, and replacement parts listed in Manufacturer’s manual and other service to keep the equipment in good condition.

6. LIST OF PREVENTIVE/PERIODICAL MAINTENANCE FOR UTILITY BOATS:

The following items shall be inspected during the 3, 6 and 12 month maintenance service. The quantities of items listed are based on the quantities for 1 boat. The contractor shall perform these inspections on each of the barrier boats and work boat as listed below:

BARRIER BOATS CUMMINS ENGINES YEARLY MAINTENANCE

B-1 / B-2

3 MONTH MAINTENANCE: BARRIER BOAT CUMMINS ENGINE

BELT

SEA WATER PUMP

AIR CLEANER

ZINC

INTAKE AIR SYSTEM

SEA WATER SYSTEM

WIRE HARNESS

BATTERY CABLE INSPECTION

MARINE GEAR OIL INSPECTION

OIL LEAK INSPECTION

STERN TUBE GROUND INPECTION

STEERING WHEEL INSPECTION

HYDRAULIC CYLINDER INSPECTION

OIL LEAK INSPECTION

LINK ROD INSPECTION

GRIP, SHAKE, ODD SOUND INSPECTION

NAVIGATION LIGHT

HORN

ENGINE ROOM LIGHT

WIPER

BILGE PUMP

BATTERY INSPECTION

SEARCH LIGHT

TRANSPORTATION FEE

BUSINESS TRIP FEE

ESTIMATE FOR REPAIRS

6 MONTH MAINTENANCE: BARRIER BOAT CUMMINS ENGINE

REPLACEMENT OF FUEL FILTER

REPLACEMENT OF ENGINE OIL FILTER

CONSISTENCY OF COOLANT INSPECTION

WATER PRESSURE TEST/CAP INSPECTION

EXCHANGE MARINE GEAR OIL

PROPELLER SHAFT COUPLING GRIP CHECK

12 MONTH MAINTENANCE: BARRIER BOAT CUMMINS ENGINE

AFTER COOLER O/H

MARINE GEAR OIL COOLER O/H

HEAT EXCHANGER O/H

ENGINE MOUNT BOLT INSPECTION

VALVE CLEARANCE INSPECTION

TURBOCHARGER INSPECTION

PROPELLER SHAFT CORE INSPECTION***

WORK BOAT CUMMINS ENGINES YEARLY MAINTENANCE

WBM-1 / WBM-2 / WBM-3 / WBM-4 /WBM-5 / WBM-6 / WBL-1 / WBL-2

3 MONTH MAINTENANCE: WORK BOAT CUMMINS ENGINES

BELT

SEA WATER PUMP

AIR CLEANER

ZINC

INTAKE AIR SYSTEM

SEA WATER SYSTEM

WIRE HARNESS

BATTERY CABLE INSPECTION

MARINE GEAR OIL INSPECTION

OIL LEAK INSPECTION

STERN TUBE GROUND INPECTION

VOLUM OF OIL

OIL LEAK INSPECTION

LINK ROD INSPECTION

GRIP, SHAKE, ODD SOUND INSPECTION

NAVIGATION LIGHT

HORN

ENGINE ROOM LIGHT

WIPER

BILGE PUMP

BATTERY INSPECTION

SEARCH LIGHT

TRANSPORTATION FEE

BUSINESS TRIP FEE

ESTIMATE FOR REPAIRS

6 MONTH MAINTENANCE: WORK BOAT CUMMINS ENGINES

REPLACEMENT OF FUEL FILTER #1 & #2

REPLACEMENT OF ENGINE OIL FILTER

CONSISTENCY OF COOLANT INSPECTION

WATER PRESSURE TEST/CAP INSPECTION

EXCHANGE MARINE GEAR OIL

PROPELLER SHAFT COUPLING GRIP CHECK

12 MONTH MAINTENANCE: WORK BOAT CUMMINS ENGINES

AFTER COOLER O/H

MARINE GEAR OIL COOLER O/H

HEAT EXCHANGER O/H

ENGINE MOUNT BOLT INSPECTION

VALVE CLEARANCE INSPECTION

TURBOCHARGER INSPECTION

PROPELLER SHAFT CORE INSPECTION***

7. SERVICES AND CORRECTIVE MAINTENANCE OF REPAIR:

Repair work identified during the inspections is not covered by this contract. If necessary repairs are to be made by the contractor, it will be negotiated separately either via Open Purchase Request (OPR) or separate contract pending Micro-purchase limits.

8. CONTRACTOR EXPERIENCE/TRAINING:

The Contractor shall provide Cummins engine certification stating that the service personnel are trained and experienced in repairing and/or maintaining the equipment covered herein.

9. REPORTING TO PORT OPERATIONS BEFORE AND AFTER SERVICE:

Inspection of the preventive maintenance shall be made by the Port Operations Maintenance Officer or higher of the requiring activity. The Contractor shall report to the Port Operation Maintenance Officer or authorized crew personnel prior to and upon completion of each service. Upon completion of the service, the Contractor shall provide a copy of the Quarter Maintenance Check List in English, signed by the Department Technician, certifying that the service has been performed and that the equipment is functioning at working condition.

10. SERVICE SLIPS:

All Cummins diesel engines service slips must contain the following minimum information:

11. REPLACEMENT PARTS:

The Contractor shall furnish replacement parts required for PM (already included in total cost of PM service) at no additional cost to the Government. Parts outside of the normal PM will be negotiated separately either via OPR or separate contract pending Micro-purchase limits. Consumable items, accessories, and items not connected electrically or mechanically to the equipment are excluded. from such replacement parts.

12. SERVICES PERFORMANCE TIME:

The scheduled Maintenance services shall be performed from 0800 to 1600, Monday through Friday. (Depending on ship job schedule and tug boat availability) On Saturday, Sunday and Japanese holiday, contractor shall provide services from 0800 to 1600 but ‘Limited manpower’ is available. (Dependent on ship job schedule and tug boat availability) Any other hours as mutually agreed upon between the Contractor and the requiring activity.

CFAY Port Operations Point of Contact CFAY Port Operations Port Control Dispatcher Office

CONUS: 11-81-46-816-7366

DSN: 243-7366

13. TECHNICAL POINT OF CONTACT:

LSCS MUSNI, RONALD

SUPPLY OFFICER

E-MAIL: Ronald.Musni@fe.navy.mil

CONTACT PHONE NUMBER (CONUS): 11-81-46-816-9072

DSN: 243-9072

MR. INAKATSU, KAZUO

BOAT POOL MLC SUPERVISOR

E-MAIL: Kazuo.Inakatsu.ja@ fe.navy.mil

CONTACT PHONE NUMBER (CONUS): 11-81-46-816-5124

DSN: 243-5124

SCR

Service Contract Reporting (SCR)

Services Contract Reporting (SCR) requirements apply to this contract. The contractor shall report required SCR data fields using the SCR section of the System for Award Management (SAM) at following web address: https://sam.gov/SAM/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://sam.gov/SAM/

PERFORMANCE BASED SERVICE CONTRACT (PBSC)

QUALITY ASSURACNE SURVEILLANCE PLAN (QASP) – Contract Performance Objectives, Performance Standards and Assessment Methods

During the contract performance, the Contractor will be evaluated on its ability of comply with applicable license, laws and regulations of Japan such as safety and environmental to conduct the tanker vessels or barges to carry bulk petroleum products. The QASP provides the methodology by which Contractor’s performance will be monitored by the COR to determine compliance with standard performance objectives. The contract performance objectives, performance standards, assessment methods, and acceptable quality level are described below in further detail.

Evaluation and Rating: The Contracting Officer’s Representative (COR) will monitor and inspect about 30% of the whole Contractor’s performance (bunkering/de-bunkering operation), randomly, but shall do at least twice a month, which is ordered by the Task Order. The COR will report and rate the Contractor’s performance by using the form of “Contractor’s Performance Evaluation Sheet” (Attachment I). When the Contractor performs in compliance with the performance standards with meeting more than 90% quality level, the Contractor’s performance will be rated “Acceptable.” In case any inconsistency or deficiency is found, the COR will record it on the form and attach any related document to the form. When it is determined the quality level is less than 90%, the performance will be rated as “Unacceptable.” All the performance records to the Contractor for the operations monitored and inspected will be recorded. The COR will review those evaluation records and prepare a Contractor’s Performance Evaluation Sheet in which the Contractor’s performance will be rated using the following five (5) adjectival ratings:

EXCEPTIONAL (E): The services performed by the Contractor are considered to have exceeded the performance standards described above and demonstrate a good probability of success without any problems during the remaining period of the contract. This rating will be applicable when each of the measurement results (Attachment (2-A)) is “98% and above.”

HIGHLY ACCEPTABLE (HA): The services performed by the Contractor are considered to have satisfied the performance standards described above and demonstrate a good probability of success during the remaining period of the contract. Even if the Contractor had minor problems on its performance, the Contractor has demonstrated that it could correct such problems without any damage to the Government. This rating will be applicable when each of the measurement results is “95%~97%.”

ACCEPTABLE (A): The Contractor’s performance is considered to have substantially met the stated performance standards described above and demonstrates a good probability of success during the remaining period of the contract. Even if the Contractor had minor problems on its performance, the Contractor has demonstrated that it could correct such problems with minimal damage to the Government. Although some minor inconsistency or weakness exists, it can be readily corrected. This rating will be applicable when each of the measurement results is “90%~94%.”

MARGINAL (M): The Contractor’s performance is considered to have partially failed meeting the stated performance standards, and the response to correct the deficiency was marginal. That is, a substantial number of the Contractor’s record responses “good,” but a deficiency or weakness exists, and it/they may be susceptible or correction through the exchange of information. There is marginal probability of success during the remaining period of the contract. This rating will be applicable when each of the measurement results is “70%~89%.”

POOR (P): The Contractor failed meeting one or more of the stated performance standards, and failure was considered “major.” Even if the failure was minor, the Contractor did not or could not correct the deficiency properly and/or if adversely affected the Government operation. In such a case, the Contractor’s performance is considered to be major or extensive weaknesses. There is low probaily of success on future ordering and contract award. This rating will be applicable when any of measurement results is 69% or below.

Note: The COR will assess the overall rating based on all the three (3) performance objectives above with comments. All three (3) factors are equally important and the comment from the COR is mandatory.

Performance Assessments (Non-monetary Incentive): The Contractor’s performance information under this contract may affect decisions for the Government to make future contract award. Through the performance assessments, the Government expects that the Contractor motivates improved performance or reinforces exceptional performance in the future contract(s).

INSPECTION AND ACCEPTANCE Inspection of the services delivered will be made by the following:

Commander Fleet Activities (COMFLEACT) Yokosuka, Port Operations or its duly authorized Representatives.

Upon completion of the contract work, the Contractor will furnish documentation, such as a delivery ticket, immediately following completion of the contract work. The Government will use this documentation to accept services rendered. The Contractor will furnish a copy of the signed acceptance document with its payment requests.

CONTRACT ADMINISTRATION

Contract Administration Appointments and Duties: In order to expedite administration of this contract/order, the following delineation of duties is provided including the names, addresses and phone numbers for each individual or office as specified. The individual/position designated as having responsibility should be contacted for any questions, clarifications or information regarding the functions assigned.

(a) Procuring Contracting Officer (PCO) is responsible for:

0. Solicitation information/questions;

0. All pre-award information, questions, or data;

0. Freedom of information inquiries;

0. Change/question/information regarding the scope, terms or conditions of the basic contract document; and/or

0. Arranging the post award conference (See FAR 42.503-1).

Tel: (046) 816-8398

1. Contract Administration Office (CAO), which is the same as the PCO above, is responsible for matters specified in FAR 42.302 and DFARS 243.302 except in those areas otherwise designated herein.

OTHERS:

It is emphasized that only the PCO has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract between the contractor and any other person be effective or binding on the Government. When/if, in the opinion of the Contractor, an effort outside the existing scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action must be taken unless the PCO has issued a contractual change.

When, in the opinion of the Contractor, the Contractor requests effort outside the existing scope of the contract (or delivery order), the Contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the Contractor under such direction until the Contracting Officer has issued a modification to the contract (or delivery order) or has otherwise resolved the issue.

(c) Contracting Officer’s Representative (COR) is responsible for:

(1) Liaison with personnel at the Government installation and contractor personnel on site;

(2) Technical advice/recommendations/clarification on the specifications,

(3) Monitoring contractor performance to assure that corrective action is being taken;

(4) Identifying contractor noncompliance with any of the terms and conditions specified in the order to the Contracting Officer;

(5) Security, Safety, and Environmental requirements on Government installations;

(6) Certificating invoices for payment in writing, acceptance/rejection of the deliverables;

(7) Approving and coordinating for working in and around existing buildings;

(8) Serving as a point of contact through whom the contractor can relay his questions and problems of a technical nature to the Contracting Officer;

(9) Inspection and acceptance of the services performed by the contractor; and (10)Alerting the PCO, as appropriate, to any potential problems which may affect performance schedules.

The following individuals are designated as authorized COR and alternate COR:

Invoice Instructions: The Contractor shall submit an invoice in accordance with DFARS 252.232-7003 and 252.232-7006 via WAWF. Detail of WAWF information will be provided at each task order level.

Designated Payment Office: Payment will be made by the following office:

Defense Finance and Accounting Service Bldg. 206 Unit 5220 Code JRLG Yokota Air Base Fussa-shi, 197-0001 Japan

SUBMISSION OF QUOTATIONS

The quoter is required to submit a quote in the following quantities:

a) FAR provision 52.204-24 Representation regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020).

b) FAR provision 52.204-26 Covered Telecommunications Equipment or Services—Representation (Dec 2019).

c) DFARS provision 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (Dec 2019).

d) DFARS provision 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation (Dec 2019)

(2) Three (3) of Past Performance Information (PPI) (Attachment II) – One copy for each PPI

(4) Copy of required certification as defined in PWS paragraph 8 – One copy for each certification.

LIST OF ATTACHMENTS

CLAUSES INCORPORATED BY REFERENCE

The following FAR provisions and clauses are applicable to this procurement:

52.203-3, Gratuities;

52.203-6, Alternate I, Restrictions on Subcontractor Sales to the Government;

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

52.204-7, System for Award Management;

52.204-13, System for Award Management Maintenance;

52.204-16, Commercial and Government Entity Code Reporting;

52.204-18, Commercial and Government Entity Code Maintenance;

52.204-19, Incorporation by Reference of Representations and Certifications;

52.204-21, Basic Safeguarding of Covered Contractor Information System;

52.204-22, Alternative Line Item Proposal;

52.209-7, Information Regarding Responsibility Matters;

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters;

52.212-1, Instructions to Offerors - Commercial Items;

52.212-4, Contract Terms and Conditions - Commercial Items;

52.217-5, Evaluation of Options;

52.222-56, Certification Regarding Trafficking in Persons Compliance Plan;

52.225-14, Inconsistency between English Version and Translation of Contract;

52.229-6, Taxes--Foreign Fixed-Price Contracts;

52.229-12, Tax on Certain Foreign procurements;

52.232-40, Providing Accelerated Payments to Small Business Subcontractors;

52.247-34, F.O.B. Destination;

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

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

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

(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.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.212-2, Evaluation--Commercial Items (Oct 2014):

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

Evaluation Factors

1. Technical Capabilities

2. Price

3. Past Performance

Contractor will first be evaluated for technical certification. If the contractor is determined uncertified (in accordance with PWS) in the required areas provided under the PWS they will no longer be evaluated for price and past performance. They will not be eligible for award if they are not determined technical capable.

Technical Capability determination is most important. Price is then significantly more important than past performance.

Evaluation of Technical Government will evaluate the quoter’s qualification to determine compliance with the requirements contained in PWS paragraph 8 on an acceptable/unacceptable basis. Failure to demonstrate compliance with PWS paragraphs 8 will render the offer unacceptable/not technically capable.

Evaluation of Price The price(s) quoted in response to the solicitation will be evaluated through price analysis to determine price reasonableness.

Evaluation of Past Performance Information (PPI) Contractor shall provide three (3) past performance records which include sufficient information to determine the Recency, Relevancy, and Quality of the work performed (Attachment II). In assigning the Past Performance Rating, the Government will evaluate the Recency, Relevancy, and Quality of Past Performance Information.

Recency:

In order to be determined Recent, PPI shall be for work completed within three years from the date the solicitation was issued. PPI determined to be not within the Recency threshold will not be evaluated further.

Relevancy:

In order to be determined Relevant, PPI shall be for work that is same or similar services as described in the PWS for this solicitation. The PPI may be for work provided to the general public, the U.S. Government, and/or the Government of Japan. PPI determined to be not within the Relevancy threshold will not be evaluated further.

Quality of Products or Services:

In order to determine the Quality of PPI, the Government will review responses to questionnaires sent to the quoter’s customers, and any other source of PPI available to the Government evaluators. The Government’s evaluation will consider the following areas;

1. Quality of services: Determine if the quoter has complied with contract requirements in terms of standards of good workmanship and services.

2. Timeliness of performance: Determine if the quoter has complied with contract performance.

3. Customer satisfaction: Determine if the quoter has satisfied its clients and provided general businesslike concern.

Performance Confidence Assessment Rating Performance Confidence Assessment Rating assignments reflect the Government’s confidence that the quoter will successfully perform the solicitation’s requirements based on the quoter’s recent and relevant past performance record.

Neutral Confidence No recent/relevant performance record is available or the quoter’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The quoter may not be evaluated favorably or unfavorably on the factor of past performance.

NOTE: In the case of quoters for which there is no information on past contract performance or where past contract performance information is not available, the quoter may not be evaluated favorably or unfavorably on the factor of past contract performance. In this case, the quoter’s past performance is unknown and assigned a performance confidence rating of “neutral.”

(b) Options.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2020) ALTERNATE I (OCT 2014)

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

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

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