Combined Synopsis Solicitation - SDAV Refurbishment.pdf

Combined Synopsis and Solicitation No. F3PF1G2102AW01 Static Display Aerospace Vehicles

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

1. Solicitation number F3PF1G2102AW01 is issued as a Request for Quote (RFQ).

2. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition circular 2022-08720, effective 26 April 2022, and DFARS, effective 28 April 2022.

3. This acquisition is a 100% Small Business set-aside competitive acquisition in accordance with FAR Subpart 19.502-2. Interested vendors shall refer any and all eligibility questions to their respective Business Development Specialist at their respective servicing SBA District Office. The associated NAICS is 811310; size standard is $8M.

4. The Government intends to make award based on the initial quote submissions without conducting interchanges. Therefore each quote should contain the quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to hold interchanges if, during the evaluation, it is determined to be in the best interest of the Government, IAW FAR 52.212-1(g). Interchanges are fluid interaction(s) between the Contracting Officer (CO) and the contractors that may address any aspect of the quote and may or may not be documented in real time. However, the Government reserves the right to conduct interchanges using Interchange Notices (IN). Vendor responses to the INs will be considered in making the order selection decision. Interchanges may be conducted with one, some or all offerors as the Government is not required to conduct interchanges with any or all vendors responding to this solicitation.

5. See the attached solicitation Schedule of Supplies/Services (Reference Atch 3) for applicable contract line items (CLINS), quantities and units of measures.

6. Nonpersonal Services: This requirement is for restoration and maintenance services for USAF Airman Heritage Museum (AHM). The services includes Inspection/Preparation, Painting, Cleaning, Unscheduled Maintenance services and shall ensure eight (8) Static Display Aerospace Vehicles (SDAVs) and related equipment are restored to original manufacturers or operational appearances and control/prevent metal corrosion or other forms of surface deterioration. The scope of work is defined by the Performance Work Statement (PWS) (Reference Atch 4).

7. Site Visit: A site visit is required prior to submission of quotes. The mandatory site visit will be held on 2 June, 2022at 0930 CST. Attendees will meet at the Lackland Parade Field Parking Lot, 2259 Bong Avenue, JBSA Lackland, TX 78263.

This will be the only site visit held. If interested in attending, please contact Jessica Franta at jessica.franta@us.af.mil, 202-510-3337 and Nelda Lopez at nelda.lopez@us.af.mil, 210-652-8584 to confirm your attendance no later than (NLT) 27 May, 2022 at 1200 CST.

All attendees must provide their name and contact cell phone number to the Contracting Specialist and Contracting Officer via e-mail no later than 27 May, 2022 at 1200 CST. This will assist in accountability of personnel attending. Also, if your company requires a base pass, please provide the following information no later than 27 May, 2022 at 1200 CST:

Full Name Date of Birth ID Type ID Number State of Issue

8. The provision at 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition.

ADDENDUM TO FAR 52.212-1 QUOTATION PREPARATION INSTRUCTIONS

(a) To assure timely and equitable evaluation of quotations, quoters must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award. Quoters must clearly identify an exceptions to the solicitation terms and conditions and provide complete accompanying rationale.

(b) Submission of quotes. Submit quotes, to include all fill-in clauses to the office specified in this solicitation at or before the exact time specified in this solicitation.

(c) Address any questions, clarifications or concerns you may have via email to: Jessica Franta at jessica.franta@us.af.mil and provide a copy to Ms. Nelda Lopez, nelda.lopez@us.af.mil.

(d) Exceptions taken to terms and conditions of the RFQ, to any of its attachments, or to other parts of the RFQ shall be identified. Provide rational in support of the exception and fully explain its impact, if any, on the performance, schedule, cost and specific requirements of the RFQ. Failure to comply with the terms and conditions of the RFQ may result in the quoter being removed from consideration for award.

9. The provision at 52.212-2, Evaluation – Commercial Items, applies to this acquisition.

ADDENDUM TO FAR 52.212-2 EVALUATION PROCEDURES

Reference FAR 52.212-2, paragraph (a) is hereby tailored as follows:

(a) Best value determination will be based on a Lowest Price Technically Acceptable approach. The Government will award a single contract resulting from this RFQ to the responsible quoter whose services are technically acceptable, has acceptable past performance and quotes the lowest reasonable overall price, The following factors shall be used to evaluate quotes:

(i) Technical

(ii) Past Performance

(iii) Price

(b) The quote shall be clear, concise, and shall include sufficient detail for effective evaluation of the Quoter’s capabilities and for substantiating the validity of stated claims. The quote shall not simply mailto:nelda.lopez@us.af.mil rephrase, reiterate, or restate the Government’s own language, but rather shall provide convincing rationale describing how it intends to fulfill the requirement. Legibility, clarity, and coherence are very important.

Provide as specifically as possible the actual methodology you would use for accomplishing and satisfying the requirements. The Quoter shall assume that the Government has no prior knowledge of its capabilities, facilities and experience, and will base the evaluation on the information submitted in the quote.

(c) If five (5) or fewer quotes are received, the Government will evaluate all quotes for technical acceptability. If more than five (5) quotes are received, the Government will then evaluate the five (5) lowest priced quotes for Technical Acceptability. However, the Government reserves the right to evaluate additional quotes for technical acceptability if deemed to be in the Government’s best interest. If additional quotes are evaluated for technical acceptability, they will be evaluated in the order of increasing total evaluated price, when the agency determines that none of the initial five (5) lowest priced quote are qualified as acceptable. The agency will reject and not consider for award any quote found technically unacceptable and ineligible for award under the terms of this RFQ, in the absence of interchanges.

(d) Responses shall be limited to 10 pages. Total page count will be based on the printed proposal submission. If page limitation is exceeded, excess pages will not be read nor considered in the evaluation of the proposal. A page is defined as each face of an 8.5 x 11-inch sheet of paper containing information.

All information except for document numbers, page number, etc., shall be provided in an image area with no less than one inch in margin. Two page may be printed back-to-back on one sheet of paper. However, this will be considered two (2) pages for the purpose of page count. The pricing information will not be counted as a page for the technical factor.

(e) The evaluation process shall proceed as follows:

i) Technical Factor: Quoter shall provide a sufficiently detailed technical approach to perform the Inspection/Preparation, Painting, Cleaning and Unscheduled Maintenance services as specified within the Performance Work Statement (PWS) (Reference Atch 4).

Evaluation Standard: A technically acceptable rating is met when the quoter provides a sufficiently detailed technical approach that clearly demonstrates the ability to perform the Inspection/Preparation, Painting, Cleaning and Unscheduled Maintenance services as specified in the PWS. (f) The government’s technical evaluation team shall evaluate the technical volume on an “Acceptable” or “Unacceptable” basis, assigning one of the ratings described below for the above technical factor. If the technical factor is evaluated as “Unacceptable” that will render the entire quote unacceptable and, therefore, unawardable. Only those quotes determined to be technically acceptable will be considered for award.

The government’s technical evaluation team shall evaluate the technical volume on an “Acceptable” or “Unacceptable” basis, assigning one of the ratings described below for the above technical factor. If the technical factor is evaluated as “Unacceptable” that will render the entire quote unacceptable and, therefore, unawardable. Only those quotes determined to be technically acceptable will be considered for award.

Adjectival Rating Description Acceptable Quote clearly meets the requirements of this factor Unacceptable Quote does not clearly meet the requirements of this factor

ii) Past Performance:

(a) The Government will then evaluate the extent of quoter(s) performance deemed recent and relevant to the requirements of this RFQ. The Government will use information submitted by the quoter and any other sources of information available to the Government to assess the past performance record as acceptable or unacceptable. Recency - Present and Past performance efforts will first be evaluated for recency. To be recent, some portion of the performance effort must have occurred within the last three years prior to the issue date of the RFQ. Performance not qualifying as recent will be determined unacceptable or eliminated from further consideration. Non-recent performance will not be evaluated for relevancy or quality of performance. Relevancy - The Government will next evaluate the relevancy of performance that qualified as recent. Relevant performance includes performance of efforts that are similar in scope, magnitude and complexity for the effort described in this RFQ. Performance qualifying as relevant will be categorized as Relevant or not relevant. Performance that does not meet the definition of relevant will not be evaluated for quality of performance. The relevancy definitions are as follows:

-Relevant - Present/past performance effort involved similar scope, magnitude, and complexity of effort as this RFQ

-Not Relevant - Relevant performance fails to meet requirements for relevant performance.

Quoter’s shall provide a list of at least one (1), but no more than three (3) of the most recent and relevant contracts performed for Federal agencies and commercial customers within the last (3) years from the issue date of this RFQ or currently being performed. Relevant contracts include contracts similar or greater in scope, magnitude and complexity than the effort described in this RFQ. Contracts that are not recent or relevant will be determined unacceptable. The Government will attempt to contact previous customers or use data basis to determine the quality of the past performance and to determine if the performance was acceptable or unacceptable. Furnish the following information for each reference listed.

(i) Company/Division name

(ii) Product/Service

(iii) Point of Contact name, email, phone number

(iv) Contract number

(v) Contract Dollar Value

(vi) Period of Performance

(b) Past performance will be rated as acceptable/unacceptable based on the response from the references provided and any other data the Government decides to use. The Government reserves the right to utilize past performance information gained from other sources (i.e., past performance databases, other Government sources, etc.) to aid in evaluating past performance. If the past performance factor is evaluated as “Unacceptable” that will render the entire quote unacceptable and, therefore, unawardable. Only those quotes with an acceptable past performance rating will be considered for award.

Adjectival Rating Description Acceptable Based on the quoter’s performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort

Unacceptable Based on the quoter’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

iii) Price:

The Government will only evaluate the price quotes of those quoter’s that are determined to be technically acceptable and have an acceptable past performance rating. The Government will evaluate price quotes and any other relevant quote data submitted, to determine if proposed prices are reasonable. A quoter’s proposed prices will be determined by multiplying the quantities identified in the Schedule of Supplies/Services (Atch 3) by the proposed unit price for each CLIN.

Quoter’s must insert the total price for CLINs 0001-0003, from Attachment 3 – Table B, into Attachment 3 – Table A corresponding CLIN. The extended amounts for each CLIN will then be totaled, within Table A, to obtain the total for the performance period. Incomplete Schedule of Supplies/Services or quotations could indicate lack of understanding of the requirement and may result in the entire quotation being determined unacceptable or eliminated from further consideration. All proposed prices for the contract period will be evaluated for reasonableness, which may be determined based on prices submitted by the competition, historical pricing, current market conditions, and/or other price analysis techniques. The government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness. The government intends to award based on initials responses, therefore, you are encouraged to quote your most advantageous pricing to include discounts in your initial response.

10. Quoter(s) is(are) required to include a completed copy of the provisions at 52.212-3, Offeror Representations and Certifications – Commercial Items, with their quote. A quoter shall complete only paragraph (b) of this provision if the quoter has completed the annual representations and certifications electronically via http://www.sam.gov. If a quoter has not completed the annual representations and certifications electronically at the SAM website, the quoter shall complete only paragraphs (c) through (o) of this provision.

11. The Government will award a single contract resulting from this RFQ to the responsible quoter whose services are technically acceptable, has an acceptable past performance, and quotes the lowest reasonable overall price.

12. The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and also Addendum to FAR 52.212-4.

13. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Deviation), all FAR clauses cited in the clause are applicable to the acquisition.

14. Additional contract requirement(s) or terms and conditions: See attached http://www.sam.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1623_228226 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1815_266657

15. Defense Priorities and Allocations System (DPAS) and assigned rating: N/A

16. Independent consultation with Government Officials concerning the project requirements is prohibited since evaluation of quotations will be based on requirements stated in the Request for Quotation. Industry Generated Questions regarding the design, coordination, or interpretation of RFQ requirements during the solicitation phase shall be in writing and directed to the Contract Specialists, Jessica Franta, at jessica.franta@us.af.mil, with a courtesy copy to Ms. Nelda Lopez at nelda.lopez@us.af.mil no later than 15 June, 2022 at 1200 (CST). Questions submitted after the question due date will not be accepted.

17. Complete quotation is due NLT 08 July, 2021 1200 (CST). Deliver to 502 CONS/JBKCB electronically, ATTN: Jessica Franta, jessica.franta@us.af.mil, and Ms. Nelda Lopez, nelda.lopez@us.af.mil. It is each contractor’s responsibility to ensure their quote and all data is complete and IAW the RFQ. The Government assumes no responsibility for late or incomplete responses to the RFQ. Late responses will be processed IAW FAR 52.212-1(f).

18. POC: Jessica Franta, 210-652-9944, jessica.franta@us.af.mil, and Ms. Nelda Lopez, 210-652-8584, nelda.lopez@us.af.mil.

19. NOTICE TO QUOTERS: The Government reserves the right to cancel this RFQ either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse any quoter for any costs.

5 Attachments:

1. Applicable Clauses and Provisions

2. Additional Information

3. Schedule of Supplies/Services

4. Performance Work Statement (PWS)

5. SCA Wage Determination 2015-5253

ATTACHMENT 1

APPLICABLE CLAUSES AND PROVISIONS

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Restrictions on Subcontractor Sales to the Government JUN 2020 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements--Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

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

52.204-20 Predecessor of Offeror AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors – Commercial Items NOV 2021 52.212-4 Contract Terms and Conditions – Commercial Items NOV 2021 52.219-6 Notice to Total Small Business Set-Aside. (Deviation 2019-O0003) NOV 2020

52.219-13 Notice of Set-Aside of Orders MAR 2020 52.219-14 Limitations on Subcontracting. (DEVIATION 2019-O0003) SEP 2021 52.222-41 Service Contract Labor Standards AUG 2018 52.223-5 Pollution Prevention and and Right-to-Know Information MAY 2011 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.213-7000 Notice to Prospective Suppliers of Use of Past Performance Information retrieval System – Statistical Reporting in Past Performance Evaluations

SEP 2019

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors JAN 2018

252.225-7001 Buy American and Balance of Payments Program DEC 2017 252.225-7002 Qualifying Country Sources as Subcontractors DEC 2017 252.225-7012 Preference for Certain Domestic Commodities DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items and Commercial Components OCT 2020 252.247-7023 Transportation of Supplies by Sea FEB 2019

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 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.

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information https://www.sam.gov/ 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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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.

The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989GI040ZO

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

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".

https://dibnet.dod.mil/ https://dibnet.dod.mil/

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

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

(End of provision)

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:

(i) technical;

(ii) past performance;

(iii) price

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

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

(FEB 2021)

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.

https://www.sam.gov/

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.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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"—

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 veteransor, 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 with13 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) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) 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 veterans; and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), 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.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this…