Combined Synopis RFQ Air compressor Service.pdf

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

Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) This solicitation document, H92239-24-Q-0002, is issued as a Request for Quote (RFQ).

(iii) This solicitation document incorporates provisions and clauses that are in effect through Federal

Acquisition Circular 2024-02, effective January 22, 2024.

(iv) This requirement is 100% set-aside for total Small Businesses and only qualified vendors may submit quotes.

Quotes received from other than small business will be rejected. The North American Classification System

(NAICS) code is 811310, “Commercial and Industrial Machinery and Equipment Repair and Maintenance”, with a size standard of $12,500,000 dollars. This solicitation is issued under Federal Acquisition Regulation (FAR) Part

13, Simplified Acquisition Procedures and FAR Part 12, Acquisition of Commercial Products and Commercial

Services.

(v) Prices shall be listed for each Contract Line Item Number (CLIN) of this RFQ. The following is a list of the associated CLINs:

ITEM

NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

0001 1 Each

Annual Maintenance Inspection/ Parts

FFP

Base Period: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-

IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections.

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

0002 1 Each $ (Not to Exceed)

As-Needed Repairs (Emergency and Non-Emergency)

FFP

Base Period: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the

Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5. All travel costs submitted on invoices must be in accordance with the Joint Travel

Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services.

Provide Hourly Repair Rate

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

0003 1 Each

Contractor Manpower Reporting

FFP

Base Period: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the United States Army Special Operations Command via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: https://sam.gov/. 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, beginning with 2024. Contractors may direct questions to the help desk at: https://sam.gov/.

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

1001 1 Each

Annual Maintenance Inspection/ Parts

FFP

Option Period One: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer

Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections.

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

1002 1 Each $

(NTE)

As-Needed Repairs (Emergency and Non-Emergency)

FFP

Option Period One: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting

Officer in writing prior to performing any services.

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

1003 1 Each

Contractor Manpower Reporting

FFP

Option Period One: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the United States Army Special Operations

Command via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: https://sam.gov/. 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, beginning with 2025. Contractors may direct questions to the help desk at: https://sam.gov/.

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

2001 1 Each

Annual Maintenance Inspection/ Parts

FFP

Option Period Two: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer

Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections.

ITEM

NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 1 Job $ (NTE)

As-Needed Repairs (Emergency and Non-Emergency)

FFP

Option Period Two: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5. All travel costs submitted on invoices must be in accordance with the

Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

2003 1 Each

Contractor Manpower Reporting

FFP

Option Period Two: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the United States Army Special Operations

Command via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: https://sam.gov/. 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, beginning with 2026. Contractors may direct questions to the help desk at: https://sam.gov/.

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

3001 1 Each

Annual Maintenance Inspection/Parts

FFP

Option Period Three: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer

Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

3002 1 Each $

(NTE)

As-Needed Repairs (Emergency and Non-Emergency)

FFP

Option Period Three: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services.

NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

3003 1 Each

Contractor Manpower Reporting

FFP

Option Period Three: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the United States Army Special Operations

Command via a secure data collection site. The Contractor is required to completely fill in all required data fields

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

4001 1 Each

Annual Maintenance Inspection/Parts

FFP

Option Period Four: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer

Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

4002 1 Job $

(NTE)

As-Needed Repairs (Emergency and Non-Emergency)

FFP

Option Period Four: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

4003 1 Each

Contractor Manpower Reporting

FFP

Option Period Four: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the United States Army Special Operations

Command via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: https://sam.gov/. 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, beginning with 2028. Contractors may direct questions to the help desk at: https://sam.gov/.

(vi) This requirement provides annual maintenance services and as-needed repairs of Bauer Air Compressors.

The required services will be performed on four (4) Bauer Air Compressor Units and two

(2) Seccant Filtration Systems. The annual maintenance will be performed once per year.

(vii) Services shall be performed at the United States Army John F. Kennedy Special Warfare Center and School using the following web address: https://sam.gov/. 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, beginning with 2027. Contractors may direct questions to the help desk at: https://sam.gov/.

(USAJFKSWCS) Dive School in Key West, Florida. The period of performance consists of a base period of twelve

(12) months and four (4) one-year options. Performance is estimated to begin on/around 10 February 2024.

(viii) The provision at FAR 52.212-1, Instruction to Offerors- Commercial Items, applies to this acquisition.

FAR 52.212-1 ADDENDUM

52.212-1 INSTRUCTIONS TO OFFERORS -COMMERCIAL ITEMS ADDENDUM

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

(b) Submission of Quotes. Submit signed and dated quote at or before the date specified in this solicitation. Failure to provide all required documents or information may exclude the Vendors from further consideration. Only signed quotes submitted will be accepted. Quotes shall be submitted electronically to SFC Serna Orlando, Contract Specialist, orlando.r.serna1.mil@socom.mil and Mr. Antonio Woodson, Contracting Officer, antonio.d.woodson.civ@socom.mil

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

(c) Period for acceptance of offers. The Vendor agrees to hold the prices in its offer firm for 90 days from the date specified for receipt of quotes.

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

(e) Multiple quotes. Vendors should submit only one quote presenting the terms and conditions or commercial items for satisfying the requirements of this solicitation.

4. Replace paragraph (g) entitled “Contract Award (not applicable to Invitation for Bids) with the following instructions:

(g) Contract award (not applicable to Invitation for Bids). Quotations shall contain the Vendor’s best technical and price terms. The Government intends to evaluate quotes and award a contract without discussions with Vendors. Therefore, the Vendor’s initial quote should contain its best terms from a price and technical standpoint. The Contracting Officer will not negotiate with any Vendors other than those of the Government’s choice and will not use the formal source selection procedures described in FAR Part 15. The Government may reject any or all quotes if such action is in the public interest;

accept other than the lowest quote; and waive informalities and minor irregularities in quotes received.

5. Replace paragraph (h) entitled “Multiple awards” with the following instructions:

(h) Multiple awards. The Government will award on an "all or none" basis.

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

All inquiries during the solicitation phase should be directed to the Procuring Contracting Officer (PCO) Antonio

Woodson, Contracting Officer, antonio.d.woodson.civ@socom.mil and courtesy copy (cc:) Contract Specialist, Contract Specialist, orlando.r.serna1.mil@socom.mil.Vendors are requested to review the solicitation and submit only written questions and/or comments with email subject line reference: Ref: Annual Air Compressor/Seccant Filtration

Maintenance/Repair Support H92239-24-Q-0002. All questions must be submitted no later than Friday, February

2, 2024 at 1:00 P.M. EST to allow a reasonable time for the Government to respond. All quotes are due no later than

Wednesday January 31st 2024 at 1:00 P.M. EST.

The quote shall be no more than 5 pages (8.5 x 11 inch paper, Times New Roman, 10 font minimum, MS Word

2010 or earlier) and must contain the following:

TAB A-Factor 1: Technical Capability: The Vendor shall provide:

i. Subfactor 1: Permits/Certifications/Registrations: The Vendor shall provide valid proof of its factory mailto:orlando.r.serna1.mil@socom.mil mailto:antonio.d.woodson.civ@socom.mil http://www.sam.gov/ mailto:antonio.d.woodson.civ@socom.mil authorization with Bauer Compressor, Incorporation to be an authorized Bauer Compressor, Inc. sales and service distributors. Any presented certifications shall NOT count against the page limit.

ii. Subfactor 2: Technical Understanding. The Vendor shall provide a narrative that demonstrates its understanding to meet the requirements in accordance with the Performance Work Statement (PWS) for this contract. To demonstrate this, the contractor shall discuss the following:

a. Discuss its capability to provide the requested service maintenance/inspection on Air

Compressors and Seccant Filtration systems.

b. Discuss its plan to meet the Government’s emergency and non-scheduled repair request(s).

c. Discuss its ability to provide Brand Name Original Equipment Manufacturer (OEM) recommended service/replacement parts for all items identified in the PWS and Brand Name Justification and Approval.

iii. Subfactor 3: Technical Experience. The Vendor shall demonstrate relevancy of at least three (3) years corporate experience in providing maintenance and repair to Air Compressors and Seccant Filtration systems.

TAB B - Factor 2: Price: The Vendor Shall provide:

i. Subfactor 1: Pricing: The Vendor shall provide its proposed pricing in accordance with the Contract Line Item

Number (CLIN) structure in this combined/synopsis. The Vendor shall also include a total proposed price by adding all the CLINS together. All quotes will be ranked according to price, including option prices. A vendor’s proposed prices will be determined by multiplying the quantities identified in the schedule by the proposed unit price for each CLIN to confirm the extended amount for each. All extended CLIN amounts will be totaled for evaluation purposes. Individual pricing for each line must be completed. Price will be evaluated for reasonableness. Reasonableness will be determined based on prices submitted by the competition, current market conditions, and comparison to the Government estimate, if applicable.

If the Government deems this information is not sufficient to determine reasonableness, the Government may use other techniques as appropriate to determine price reasonableness for the acquisition.

TAB C - Acknowledgment of Solicitation Amendments. The vendor must submit a statement to acknowledge solicitation amendments, if applicable.

TAB D - Representations and Certifications. The vendor must complete and submit the required representations and certifications in accordance with FAR 52.212-3 Alt I and DFARS 252.212-7000.

2.

(ix) The Provision at FAR 52.212-2, Evaluation- Commercial Items, applies to this acquisition.

(a) The Government will award a contract resulting from this solicitation to the responsible Vendor 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 quotes:

a. BASIS FOR AWARD –

Basis of Award: The Government will award a contract resulting from this solicitation to the responsible Vendor whose offer conforming to the solicitation will be most advantageous to the government, price and other factors considered.

The policies and procedures under the Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial

Products and Commercial Services, in conjunction with FAR Subpart 13, Simplified Acquisition Procedures, will be utilized for this procurement.

b. The Government's technical evaluation team will evaluate the quote to determine if it is either Technically

Acceptable or Technically Unacceptable (price excluded). In order to be considered Technically Acceptable, the quote for each factor must be determined Acceptable and must demonstrate an understanding of the requirement that meets the needs of the solicitation and PWS. Failure to meet the criteria will render the quote to be Technically Unacceptable and will not be considered for award.

c. The Government will evaluate the quote strictly in accordance with this solicitation and will not assume that performance will include areas not specified in the Vendor's submission.

d. The Government intends to award the contract without discussions. Therefore, the quote should contain the

Vendor's best terms from Technical Capability and Price Reasonableness standpoint. Additional oral or written information from the Contractor may be requested. The Government reserves the right to conduct discussions. If a revised quote is requested, it will be evaluated against the same criteria as was the initial quote.

3) EVALUATION CRITERIA

The Government will use the criteria set forth below to evaluate and select the awardee. Evaluation criteria consist of two

(2) evaluation factors. The quotes will be evaluated under the following evaluation factors:

Factor 1: Technical Capability

Subfactor 1: Permits/Certifications/Registrations

Subfactor 2: Technical Understanding

Subfactor 3: Technical Experience

Factor 2: Price

Assigning Ratings: The Technical Capability Factor will be assigned one of the ratings defined below. To be considered technically acceptable, Vendor must demonstrate the capability to provide the requirements set forth in the PWS. The

Government will not roll up subfactors for an overall Factor 1 rating. In order to be considered for award, there must be an

“acceptable” rating in every technical subfactor.

Table A-1. Technical Acceptable/Unacceptable Ratings

Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the

Factor 1 - Technical Capability.

ii. Subfactor 1: Permits/Certifications/Registrations: The Vendor will be evaluated to ensure that it presented its proof of its factory authorization with Bauer Compressor, Incorporation to be an authorized Bauer

Compressor, Inc. sales and service distributor. Failure to meet this subfactor will preclude any further evaluation.

iii. Subfactor 2: Technical Understanding. The Vendor’s Technical Understanding must demonstrate a thorough understanding of all the requirements in the PWS. The Vendor will be evaluated as follows:

a. The Government will evaluate the Vendor’s approach to determine whether they demonstrated an acceptable approach to meet the Government’s need in maintenance and repair of the Air

Compressor and Seccant Filtration systems accordance with the Performance Work Statement

(PWS).

b. The Government will evaluate the Vendor’s approach to determine whether they demonstrated a feasible plan to meet the Government’s emergency and non-scheduled repair request(s).

c. The Government will evaluate the Vendor’s approach to determine whether they demonstrated their ability to provide Brand Name Original Equipment Manufacturer (OEM) parts as identified in the PWS and Brand Name Justification and Approval (J&A).

iiii. Subfactor 3: Technical Experience. The Vendor’s Technical Experience will be evaluated to ensure that the

Vendor has at least three (3) years corporate experience in the type of service industry required by this PWS.

The Government will evaluate each Vendors organizational experience on the basis of it depth and its relevance to the work that will be required under the resultant contract.

Factor 2 - Price.

As authorized under FAR Subpart 13, Simplified Procedures will be used to evaluate offer and award the contract. Proposed price will be evaluated for reasonableness using the price analysis techniques provided under FAR Part 13.106-3. Price shall be quoted in accordance with the CLIN(s) structure (0001-4003) provided, in the event an award is made. Price quote evaluations will consider the entire period of performance

(including FAR 52.217-8 for the maximum potential extension period of 6 months) for a total overall evaluated

Price. The Government will roll-up CLIN prices into an overall total price for the overall evaluated price. The unit price shall include a firm fixed price for each priced CLIN. Quotes shall remain valid for a minimum of

90 days. The Government intends to award a contract based on contractor’s responsibility and determination of a fair and reasonable price.

(b) Options. The Government will evaluate quotes 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) Extension. As part of the price evaluation, the Government will evaluate its option to extend services (see FAR

Clause 52.217-8) by adding six months of the offeror’s final option period price to the offeror’s total price. Offerors shall not submit a price for the potential six month extension of services period. The Government may choose to exercise the Option to Extend the Term of the Contract at the end of any performance period (base or option periods), utilizing the rates of that performance period. Evaluation of options shall not obligate the Government to exercise the option(s)

(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Vendor 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.

(x) The Provision at FAR 52.212-3 Offeror Representations and Certifications Commercial Items, applies to this acquisition. The Offeror’s representations and certifications must be entered within the System for

Award Management website (www.sam.gov) for consideration for award.

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

(xii) The Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders- Commercial Items applies to this acquisition. Applicable clauses under FAR 52.212-5 are as follows (available at https://farsite.hill.af.mil): 52.209-6, Protecting the Government's Interest

When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; 52.204-10, Reporting Executive Compensation and First Tier Subcontract Awards; 52.219-6, Notice of Total Small

Business Set-Aside; 52.219-28, Post Award Small Business Program Representation; 52.222-3, Convict

Labor; 52.222-19, Child Labor--Cooperation with Authorities and Remedies; 52.222-21, Prohibition of

Segregated Facilities; 52.222-26, Equal Opportunity; 52.222-35, Equal Opportunity for Veterans; 52.222-

36, Equal Opportunity for Workers with Disabilities; 52.222-37, Employment Reports on Veterans;

52.233-11, Ozone Depleting Substances; 52.223-12, Maintenance, Service, Repair or Disposal of

Refrigeration Equipment and Air Conditioners; 52.222-50, Combating Trafficking in Persons; 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving; 52.223-20, Aerosols; 52.225-1, Buy American—Supplies; 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by

Electronic Funds Transfer—System for Award Management

(xiii) The following FAR provisions and clauses apply to this acquisition:

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020

52.203-17 Contractor Employee Whistleblower Rights NOV 2023

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered

Entities

DEC 2023

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

NOV 2021

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

Commercial Services

NOV 2023

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-1 Payments APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.247-34 F.O.B. Destination NOV 1991

52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it

"does not provide covered telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The

Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

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

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

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

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

and item description, as applicable); or

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

and item description, as applicable); or

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

(End of provision)

52.204-26 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)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of

Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor any time prior to contract expiration.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

5.1. The Government may extend the term of this contract by written notice to the Contractor anytime prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least anytime before the contract expires. The preliminary notice does not commit the Government to an extension.

5.2. If the Government exercises this option, the extended contract shall be considered to include this option clause.

5.3. The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six (6) months.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

https://www.sam.gov/ https://www.acquisition.gov/

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

5652.204-9004 Foreign Persons (2006) Section K

In accordance with restrictions required by Executive Order 12470, the Arms Export Control Act (Title 22, USC) (Sec 275), the International Traffic in Arms Regulation (ITAR), or DoD Directive 5230.25, Withholding of Unclassified Technical Data from Public Disclosure, no foreign persons will be permitted to work on a contract without notifying the Contracting Officer.

Provide the following information for all foreign persons who will be working on the contract (or “X” here if there are no such individuals: ____):

1) Full Name:

2) Date of Birth:

3) Place of Birth:

4) Nationality:

5) Social Security Number:

6) Visa Status:

7) Current Address:

8) If a Subcontractor, Subcontractor Name and Address:

9) Biographic data and/or resume:

(end of clause)

5652.228.9000 REQUIRED INSURANCE (2015) Section G

The kinds and minimum amounts of insurance required in accordance with 52.228-5 "Insurance-Work on a Government

Installation" are as follows:

TYPE AMOUNT

Automobile Bodily Injury Liability $200,000 per person/ $500,000 per occurrence

Property Damage Liability $20,000 per occurrence

Workers Compensation &

Occupational Disease As required by federal and State Statutes

Employer's Liability $100,000

5652.233-9000 Independent Review of Agency Protest Decision (2018) Section I (Revised November 2018)

In accordance with FAR 33.103(d)(4), interested parties may request an independent review at one level above the contracting officer. The independent review is available as an appeal of the contracting officer’s decision on an agency protest. Requests for an independent review shall be submitted to the Contracting Officer for coordination.

End of Clause

Contractor Manpower Reporting: The contractor shall self-report ALL contract labor hours (including subcontractor labor hours) required for performance of services provided under this contract via https://sam.gov. The legacy Enterprise

Contractor Manpower Reporting Application (eCMRA) was decommissioned in June 2020. Contractors will begin reporting manpower data relating to the performance of services contracts into https://sam.gov, consistent with existing service contract reporting requirements under the FAR Subpart 4.17—Service Contracts Inventory, that is currently applicable only to Federal civilian agencies. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2020. The contractor shall report the following information:

a. Contract number and, as applicable, order number.

b. The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.

c. The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.

SHIPPING AND RECEIVING INSTRUCTIONS (JUN 2009)

MARKING: Contractors shall ensure that the contract number is clearly marked on the exterior of all shipping cartons/containers. This will assist in timely receipt of and payment for the supplies accepted.

The purchase/delivery order number can be located in blocks 1 and 2 of the DD Form 1155 and block 2 of the SF 1449. It also appears at the top of each subsequent page .

If drop shipping procedures are used, please ensure that your shipper complies with these instructions. Cartons without identification may be returned “freight collect”.

SHIPPING: The purchase/delivery order provides the only approved ship to/delivery address(es). Do not redirect shipments to locations other than those specified in the order. To do so may delay acceptance of and payment for the items shipped.

Additional costs for shipment to addresses other than those specified on the order will not be paid unless the ship to/delivery address has been changed by a modification to the order signed by a contracting officer.

INVOICING PROCEDURES:

ELECTRONIC INVOICING: Except as provided in paragraph (c) of DFARS Clause 252.232-7003, Electronic

Submission of Payment Requests (Mar 2007), the Contractor shall submit payment requests through Wide Area Work Flow

(WAWF) utilizing the Invoice and Receiving Report (Combo) method. The COMBO method is designed to generate a notification to the receiver that an invoice has been submitted and requires a receiving report. Utilization of this feature is expected to minimize delays in the payment process.

Contractors shall register to use WAWF and ensure an electronic business point of contact (POC) is designated in the System for Award Management site at https://SAM.gov within ten (10) calendar days after award of this contract/order.

Information regarding WAWF is available on the Internet at the following addresses:

WAWF General Information and Registration - https://wawf.eb.mil

WAWF Training Database (great place to practice using WAWF) - https://wawftraining.eb.mil

WAWF On-line Training Course (great place to begin learning WAWF) - www.wawftraining.com

DFAS Electronic Commerce End Users Tool Box (register for classroom training and obtain user guides) http://www.dfas.mil/contractorpay/electroniccommerce/ECToolBox.html

ALTERNATE METHOD: In the event WAWF is not available, invoices may also be submitted via fax to:

DFAS – Rome, FAX# 877-575-3332. This method is to be used by exception only.

TO ACCESS PAYMENT STATUS ELECTRONICALLY:

https://myinvoice.csd.disa.mil//index.html

FOR ADDITIONAL INFORMATION REGARDING THE VENDOR PAY INQUIRY SYSTEM:

https://sam.gov/ https://sam.gov/ http://www.dfas.mil/contractorpay/electroniccommerce/ECToolBox.html https://myinvoice.csd.disa.mil/index.html http://www.dod.mil/dfas/contractorpay/vedorpayinquiresystemvpis.html

CUSTOMER SERVICE inquiries may be made to: 1-800-553-0527

DFAS: Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS) Office as designated in this contract. Please have your purchase order/contract number ready when calling about payments. You can also access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire about the status of your payment.

CODES: The following codes and information will be required to assure successful flow of WAWF documents.

TYPE OF DOCUMENT: (CHECK ONE)

_X_ COMBO: Invoice and Receiving Report

__ Invoice as 2-in-1 (Services only)

__ Invoice Only

__ Construction Invoice (Contractor Only)

__ Progress Payment (Government Only)

__ Cost Voucher (Government Only)

__ Receiving Report (Government Only)

__ Receiving Report with Unique Identification (UID) Data (Government Only) (UID is a new globally unique “part identifier” containing data elements used to track DOD parts through their life cycle.)

ISSUE BY DODAAC: H92239

SHIP TO DODAAC: (FILL IN)

ACCEPT BY DODAAC: (FILL IN)

PAYMENT OFFICE FISCAL STATION CODE: HQ0302

EMAIL POINTS OF CONTACT LISTING: Upon submission of your electronic invoice, use the Email feature in WAWF to notify the following personnel:

ACCEPTOR: (FILL IN@soc.mil)

CONTRACT ADMINISTRATOR: orlando.r.serna1.mil@socom.mil

CONTRACTING OFFICER: antonio.d.woodson.civ@socom.mil

ADDITIONAL CONTACT: (FILL IN@soc.mil)

RECEIVING REPORT PROCEDURES:

ELECTRONIC RECEIVING VIA WAWF: The Warehouse/Receiving Activity/Contracting Officer’s Representative

(COR) is responsible to ensure a receiving report is correctly processed and forwarded to the appropriate finance office via

Wide Area Work Flow (WAWF). In the event of a WAWF problem, contact the WAWF Help Desk at Telephone #: 1-866-

618-5988

Email Address: CCO-EC-ARMY-WAWF-HELPDESK@dfas.mil

PAPER RECEIVING REPORTS BY EXCEPTION ONLY:

DD FORM 1155 - If the DD Form 1155 is used as the receiving report for either a final or partial receipt/payment:

SF FORM 1449: If the SF Form 1449 is used as the receiving report as either a final or partial receipt/payment:

DD FORM 250: If the DD form 250 is used for the receiving report, the only version acceptable by DFAS is the form dated

August 2000.

(end of clause)

AUTHORIZED CHANGES

ADDITIONAL TERMS AND CONDITION

http://www.dod.mil/dfas/contractorpay/vedorpayinquiresystemvpis.html mailto:CCO-EC-ARMY-WAWF-HELPDESK@dfas.mil

The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by a warranted USASOC Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause.