Combined Synopsis Soliciation.docx

NORFOLK NAVAL SHIPYARD

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

NAICS Code:

532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing

Contracting Office Address Norfolk Naval Shipyard (NNSY) Bldg 65 Portsmouth, VA 23709

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures, 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 FEDBIZOPPS (Https://Www.Fbo.Gov/).

The RFQ number is N4215821-Q-S015. This solicitation documents and incorporates provisions and clauses in effect through FAC 2021-04 Effective January 19, 2021. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov.

Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This Notice of Intent is NOT a request for competitive proposals. However, all bids, proposals or quotations received by the closing response date may be considered by the Government. A determination by the Government not to compete with the proposed contract based upon responses to this Notice is solely within the discretion of the Government. Information received will normally be considered solely for determining whether to conduct a competitive procurement.

Norfolk Naval Shipyard (NNSY), Portsmouth, VA requests responses from qualified sources capable of providing:

TOTAL PRICE

All interested companies shall provide a quote for the following:

STATEMENT OF WORK

USS Toledo SSN-769

Contractor Supplied Equipment:

1. Only fresh water will be circuletated through the cooling system described below and shown in Figure (1).

2. Chill Water System must consist of at least three chillers. System must be able to support varying capacity from 30 to 120 tons of cooling capacity. System shall consist of two 30 Ton chillers and one 60 Ton Chiller.

3. System shall be able to allow isolation of each chiller separately to support varying chill water laods shipboard.

4. Must be air cooled.

5. Must have a pumping system, consisting of at least two pumps. System must able to a provide a varaiable supply of 30 to 350 GPM. Each pumping apparatus must be capable of maintaining 100 feet of head supply pressure, all GPM ranges, at the contractor provided supply manifold. At a minimum, the pumping system shall have a minimum of 100 GPM at 100 feet of head pressure of redundant capacity. The expansion tank shall supply water directly to the pumps as shown in Figure (1). Additional pumps downsteam of the chiller unit(s) may be utilized to raise supply pressure to meet the required 100 feet of head pressure requirement at the contractor supplied supply manifold.

6. Must have suction and discharge manifolds with a quantity of four (4) 2-1/2” MNPT supply connection and a quantity of four (4) 2-1/2” MNPT discharge connections. All manifold connections shall have isolation globe valves installed.

7. Within the cooling loop there must be a reservoir capable of holding at least 250 gallons of cooling water or as required to support system design. Reservoir is required to account for small leaks. Reservoir must be transparent in order to visibly verify the water level within the tank.

8. System shall include a bypass line in order to flow water when no services are connected to the contractor supplied supply and discharge manifolds. This bypass line shall include globe valves so the flow can be throttled as required to suit ship’s demands and to keep the chiller units running under low flow/pressure conditions.

9. Desired output water temperature range is 55o - 65oF.

10. Must be operable on a single 460/480(V), 400 Amp Breaker (maximum).

11. Must be provided with a male 500 mcm Camlock electrical connection.

12. System must have necessary equipment to prevent freezing recurculating water with no cooling load at 0 O F.

13. CRITICAL SYSTEM SUPPORT: Unit must be capable of operating 24 Hours a day Seven (7) Days a Week.

14. Must be operable at flow rates of as little as 30 GPM without needing to recirculate flow.

15. Contractor is to provide all equipment from the return manifold to the supply manifold. System shall be a complete unit. If pumps or tanks are separate, vendor will provide all piping/valves/fittings as required to couple pumps to the Chill Water Units. Vendor is to provide Extra fittings and hoses to support installation. If the system requies assembly, the system shall be assembled in such a way that it does not cause tripping hazards by minimizing the lengths of hoses between components. If lengths of hoses are longer than needed, it should be able to be coiled and put somewhere out of the way of normal foot traffic. Hoses shall be routed in a way that does not cause the hose to kink and reduce flowrate.

16. Chiller Unit(s) must be capable of operating in an industrial environment where dust, dirt, and sea air are present.

17. Chiller Unit(s) to be equipped with operational Inlet and Outlet Temperature Gages.

18. Chiller Unit(s) to be equipped with operational Outlet Pressure Gage.

19. System is to include operational pressure gages on the contractor provided supply and discharge manifold.

20. Unit shall have an electronic monitoring system that monitors inlet and outlet temperature, pressure, and flow rate. The system shall be able to notify NNSY personnel when the monitored parameters fall outside of a set range.

21. If chiller system holds 55 gallons or more of fuel or oil or similar fluid, provide an environmental catch capable of holding at least 110% of the capacity of the fuel, oil, and other fluids required to operate the rental unit.

22. Evaporator must be capable of delivering a leaving temp of less than 65O F.

23. Condenser must be capable of operating in a wide ambient temperature range (0-125 O F)

24. Unit must be affixed with a metal tag designating the supplying company, a POC responsible for repairs and maintenance, and a phone number of the POC who is responsible for repairs and maintenance.

25. Contractor to adhere to the rigging requirements as outlined in Attachment B for contractor equipment at Norfolk Naval Shipyard.

26. The gross weight of the unit shall be clearly marked on the outside of the unit as outlined in Attachment B. If the unit is not a complete unit, the gross weight of each component shall be clearly marked on each component.

Figure (1) – Line Diagram of Proposed System Note 1: Final system may consist of different quantities of Chillers and Pumps (P) than shown in Figure (1) as long as the requirements above are met.

Note 2: Final system may change the order of components as long as the requirements above are met.

Note 3: Freeze protection is not shown in Figure (1). A Freeze protection method shall be included for the system in the event there is no colling load on the system.

CONTRACTOR RESPONSIBILITY:

1. Equipment delivery, setup, and removal is to be at no cost to the government.

2. If the unit requires assembly, the contractor shall assemble the unit at no cost to the government.

3. Provide all parts requiring repair or replacement under circumstances of normal equipment wear and tear at no additional charge.

4. Contractor is responsible for ensuring that all preventative maintenance is performed on equipment prior to delivery to the government as well as performing preventative maintenance as specified by the equipment’s manufacturer preventative maintenance schedule during the term of the rental period with the government. Contractor is responsible for all travel associated with preventative maintenance. Contractor is responsible for providing service technicians that are able to meet the badging and security requirements of Norfolk Naval Shipyard/NOB.

5. Post contact information for service/repair of equipment directly on the rental equipment. Contact information must be packaged to withstand being located in an outdoor environment

6. The contractor shall dispatch a representative in response to a service request to repair and/or replace a chill water unit within four (4) hours of notification by NNSY at no additional charge. regardless if request is placed during normal business hours. Contractor is responsible for travel associated with repair of equipment. Contractor is responsible for providing service technicians that are able to meet the badging and security requirements of Norfolk Naval Shipyard/NOB.

7. When the equipment is required to be removed to the contractor's facility for repair or replacement, the contractor shall be responsible for loss or damage from the time it leaves the government site until it is returned to the government.

8. Provide start up training of equipment to the government. Contractor is responsible for all travel associated with providing startup training of equipment to the government

9. Clean the chill water unit(s) prior to delivery to the following requirements:

a. Chill water unit shall be cleaned to a degree of cleanliness that results in a surface free of grease, oil, flux, scale, dirt loose particles and any other matter foreign to the base metal. Adherent light superficial rust on steel surfaces, caused by short time exposure to the atmosphere, is acceptable.

b. For uncoated surfaces: Adherent corrosion products typical on surfaces of the type material being considered (e. g. flash rust on steel) are acceptable. Loose corrosion products are not acceptable and must be removed.

10. The Chill Water Unit will be exposed to everyday weather, and saltwater air. It is the contractor's responsibility to provide any protective coverings for the unit.

11.

GOVERNMENT RESPONSIBILITY:

1. Provide operators

2. Perform basic maintenance

a. Monitor all gauges

3. Equipment movements within the shipyard

4. Lost items and equipment damage beyond normal wear and tear

5. New or used equipment may be provided. NNSY reserves the right to inspect the proposed equipment prior to contract award.

6. The government reserves the right to return the rental unit at any time prior to the expiration of the rental period. The contractor agrees to prorate costs for the time the units are in use by NNSY only. The government agrees to give the contractor twenty-four (24) hours notice for return of units prior to expiration of rental period.

OPTIONS:

1. Provide options to allow NNSY to continue rental of the chill water unit in one month increments. The government reserves the right to extend the rental period for an additional six (6) months in one (1) month increments. Rental extensions may terminate the rental of one or more units based on use by NNSY. This charge will be prorated.

Defense Biometric Identification Systems (Dbids) For Installation Access

Any new contractor, vendor or supplier requesting base access AFTER 31 May 2017 will be required to obtain a DBIDS credential. NCACS credentials will no longer be issued. Only DBIDS credentials will be issued to ALL contractors, vendors and suppliers seeking base access AFTER 14 August 2017.

Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point.

If you currently have a Navy Commercial Access Control System (NCACS) card, the following is required to get a DBIDS credential:

• Present your NCACS Card and a completed copy of the SECNAV FORM 5512/1 to the base Visitor Control Center representative.

• The VCC will pull up your information in the computer, ensuring all information is current and correct.

• Once your information is validated, a temporary DBIDS credential is provided.

• Your temporary credential will have an expiration date, prior to which you will need to obtain your permanent DBIDS credential (~ 90 days).

• For each additional U.S. Navy installation to which you need access, the first time you visit you only need to bring your DBIDS credential and statement of purpose for base access when arriving at the Visitor Control Center.

• The representative will enter base access authorization and then you may proceed to work.

If you do NOT have an NCACS Card, the following is required to obtain a DBIDS credential:

• Present a letter or official document from my government sponsoring organization that provides the purpose for your access.

• Present valid identification, such as a passport or Real ID Act-compliant state driver's license.

• Present a completed copy of the SECNAV 5512/1 form to obtain your background check.

• Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments; after all this is done, you will be provided with your new DBIDS credential.

• You may now proceed to work.

FOR ADDITIONAL QUESTIONS ABOUT OBTAINING A DBIDS CARD, CONTACT YOUR LOCAL BASE VISITOR CONTROL CENTER. INFORMATION IS ALSO PROVIDED AT: www.cnic.navy.mil/om/dbids.html

One-Day Passes. Participation in the DBIDS is not mandatory, and if the Contractor chooses to not participate, the Contractor's personnel will have to obtain daily passes, be subject to daily mandatory vehicle inspection, and will have limited access to the installation. The Government will not be responsible for any cost or lost time associated with obtaining daily passes or added vehicle inspections incurred by non-participants in the DBIDS.

Portable Electronic Devices (PEDS)

"In accordance with COMSUBLANT/COMSUBPACINST 2075.1C, the use of Portable Electronic Devices (PEDs) while in or on Department of Navy Submarine spaces are prohibited. A portable electronic device (PED) is defined as any non-stationary electronic apparatus with singular or multiple capabilities of, but not limited to recording, storing, and/or transmitting data, voice, video, or photo images (e.g., cell phones, laptops, tablets and wearable devices such as fitness bands and smart watches)."

Safety

"Per FAR 22.102-1(a) entitled "Safety", Contractors are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard cognizance must follow Federal and State OSHA requirements OSHE OSHECM Chapter Hazardous Energy Control (HEC) requirements or safety requirements for site specific location of the contract.

a. Contractors and Non-NNSY Government Agencies (NNGAs) are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard (NNSY) cognizance must adhere to Federal OSHA requirements for hazardous energy control IAW 29 CFR 1915.89 and must follow Hazardous Energy Control (HEC) procedures as identified in NAVSEA’s Occupational Safety, Health, and Environment Corporate Manual (OSHECM) Chapter 250 (latest revision), when performing work under NNSY contract. All HEC work to be performed by Contractors and NNGAs requires that NNSY Technical Points of Contact (TPOCs) and/or Contracting Officer’s Representatives (CORs) be notified of the HEC scope of work prior to starting work. Any changes or deviations in the initial scope of HEC work requires the NNSY TPOCs and/or CORs be informed of the change/deviation. Appendix 250.B-1 through B-3 of OSHECM Chapter 250 for multiple employer work identifies when Contractors and NNGAs are required to assign their Lockout/Tags-Plus Coordinator (LOTC) to coordinate HEC work with the cognizant NNSY LOTC. HEC locks shall be provided by the contractor or NNGA for their employees use. The HEC locks shall have red bodies with name labels or nametags affixed, identifying who installed the HEC lock(s) and a point of contact telephone number. HEC lock name labels and tags must be made of materials that will hold up to the environment to which they are exposed. HEC tags used for Tags-Plus HEC work shall be provided by the cognizant NNSY LOTC to the contractor or NNGA for their use if machinery, equipment, or systems (MES) cannot be locked out. OSHECM Chapter 250 Tags-Plus procedures will be strictly followed.

b. Contractors and NNGAs may obtain electronic copies of OSHECM Chapter 250 (latest revision) and access the OSHA 1915.89 web site by using the following link to NNSY’s public access web site: http://www.navsea.navy.mil/shipyards/norfolk/default.aspx

c. Names and contact information for NNSY LOTCs and/or the Building Monitor will be provided by NNSY TPOC and/or Contracting Officer Representative set forth elsewhere in this award document.”

Afterhours Access

Contractors are to go to Gate 15 and let the guards know they are to provide services/support via contract N4215821-P-SXXX. It would be helpful for them to have a copy of the contract. The guards at the gate will then call the Base Precinct and subsequently be escorted to Bldg. 1618 to have a badge made.

Authorization of Additional Work

Any additional work outside the scope of this contract/purchase order shall have written authorization from the Contracting Officer prior to executing any additional work. Any work performed without the written authorization of the Contracting Officer shall be considered “At-Risk” and the government will have no legal obligation to pay for the work performed.

Pursuant to 13.004(b), once you have initiated performance of the work, this shall constitute your acceptance of the task order.

Requirements for Lifting of Equipment

1. The equipment shall be outfitted with suitable attachments for overhead lifting.

1.1. For multiple point lifts each lifting attachment shall be capable of supporting one half the gross weight of the equipment with a design factor of five to one based on ultimate strength. For single point lifts the lifting attachment shall be capable of supporting the gross weight of the equipment with a design factor of five to one based on ultimate strength.

1.2. For multiple point lifts each lifting attachment shall be designed to accept a standard anchor shackle (Federal Specification RR-C-271D, type IVA) which is capable of supporting one half the gross weight of the equipment. For single point lifts the lifting attachment shall be designed to accept a standard anchor shackle (Federal Specification RR-C-271D, type IVA) which is capable of supporting the gross weight of the equipment.

1.3. Design of the lifting attachments shall be such that the attachments and shackles are not side loaded more than 10° out of the plane. Lifting attachments shall be located such that the lifting slings do not contact the equipment, or alternatively a spreader beam certified to NAVFAC P-307 shall be provided. Whenever practical, the lifting attachments shall be located above the center of gravity, and such that the lifting slings do not contact the equipment housings.

1.4. Each lifting attachment shall be conspicuously marked in a contrasting color “Lift Here”. Letters shall have a minimum height of 1”.

2. The equipment shall be marked in a prominent location with the gross weight. Sand hoppers, tubs, or other containers that may contain material shall be marked with the empty and full weight (or alternatively the empty weight and working load limit). Marking shall be upper case letters of a contrasting color, with a minimum height of 1”. Marking shall include the units (i.e. “pounds”, “long tons”, etc.).

3. The equipment shall be provided with a lifting sketch / rigging diagram that meets the requirements of enclosure (1).

3.1. The lifting sketch shall detail any specific requirements and / or configurations that must be meet prior to lifting (i.e. “engage swing lock”, “Tilt mast back fully”, “Rotate lifting basket over side”, “Utilize 10’ minimum length slings”, “Spreader beam required”, etc.).

3.2. The lifting sketch shall include the location of the center of gravity of the equipment (full fuel, hydraulic tanks, etc.), equipment model/manufacturer, and gross weight.

3.3. A copy of the lifting sketch shall be permanently posted on the equipment, and a copy shall be forwarded to Code 714 (396-3345, 3346).

4. If specialized handling gear other than shackles, standard slings, or chainfalls (i.e. spreader beams, special lift rigs, etc.) is required, the contractor shall furnish it. This handling gear shall be provided certified in accordance with NAVFAC P-307, with written documentation of proof testing.

Rigging Sketch Requirements Rigging sketches, as a minimum, shall identify the following:

1. The weight of the load.

2. The location of the center of gravity.

3. The minimum crane capacity.

4. The minimum capacity / length of slings.

5. The minimum capacity of other standard rigging gear.

6. The attachment (lifting) points for the load.

(a) The attachment points for multiple leg lifts shall be sized such that each attachment point can support half the load’s weight at the anticipated lift angle.

(b) The attachment point for single leg lifts shall be sized such that the attachment point can support the entire load’s weight.

7. Limitations on allowable orientations for any parts making up the lifting assembly.

8. For single leg vertical lifts using twisted rope (wire or synthetic), two parallel ropes each capable of supporting the entire load alone shall be required unless a method is used to prevent unlaying the rope.

9. A minimum D/d ratio of one shall be required where wire rope slings pass over any object, or in the eyes of wire rope slings. A minimum D/d ratio of two shall be required where synthetic rope slings pass over any object, or in the eyes of synthetic rope slings.

(a) "D" represents the diameter of the object the sling passes over.

(b) "d" represents the diameter of the sling.

(c) Table 14-3 of NAVFAC P-307 lists efficiency factors at various D/d ratios.

10. Components in each handling assembly shall be sized based on the worst case distribution of loads.

(a) When making a two, three, or four point lift, the handling gear shall be sized so that two legs can support the load without exceeding the safe working load (SWL) at the lift angle expected, unless an equalizing method is used.

11. When non standard gear is required (i.e. round stock lifting bars) written instructions shall be provided that ensure:

(a) The proper material is being used.

(b) The item is certified IAW NAVFAC P-307.

(c) Any special requirements or dimensions are followed to ensure that engineering assumptions are met (i.e. eccentricity of the bearing points).

RENTAL OF CHILL WATER SYS

FFP

RENTAL OF CHILL WATER SYSTEM IN SUPPORT OF THE TOLEDO

FOB: Destination

MILSTRIP: N4215821RC10366

PURCHASE REQUEST NUMBER: N4215821RC10366

PSC CD: W035

NET AMT

FFP

RENTAL OF CHILL WATER SYSTEM IN SUPPORT OF THE TOLEDO

FOB: Destination

MILSTRIP: N4215821RC10366

NET AMT

FFP

RENTAL OF CHILL WATER SYSTEM IN SUPPORT OF THE TOLEDO

FOB: Destination

MILSTRIP: N4215821RC10366

NET AMT

FFP

RENTAL OF CHILL WATER SYSTEM IN SUPPORT OF THE TOLEDO

FOB: Destination

MILSTRIP: N4215821RC10366

NET AMT

FFP

RENTAL OF CHILL WATER SYSTEM IN SUPPORT OF THE TOLEDO

FOB: Destination

MILSTRIP: N4215821RC10366

NET AMT

FFP

RENTAL OF CHILL WATER SYSTEM IN SUPPORT OF THE TOLEDO

FOB: Destination

MILSTRIP: N4215821RC10366

NET AMT

FFP

RENTAL OF CHILL WATER SYSTEM IN SUPPORT OF THE TOLEDO

FOB: Destination

MILSTRIP: N4215821RC10366

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

06-MAY-2022

SEE PERFORMANCE WORK STATEMENT

FOR DELIVERY AND CONTACT INFORMATION

PORTSMOUTH VA 23709

TEL: WITHIN

FOB: Destination N42158

06-JUN-2022

N42158

06-JUL-2022

N42158

06-AUG-2022

N42158

06-SEP-2022

N42158

06-OCT-2023

N42158

06-NOV-2022

N42158

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

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.

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

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

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

(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. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i)…