Combo - Synopsis_Solicitation - Asbestos Abatement_25Feb2021.pdf

COMBINED SYNOPSIS/SOLICITATION ‘COMBO’:

Asbestos/Lead Sampling and Abatement

(i) This is a combined synopsis/solicitation for commercial services prepared in accordance with (IAW) the format in FAR Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with FAR Part 13 Simplified Acquisition Procedures, and supplemented with additional information included in this notice. , as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) Solicitation FA5000-21-Q-0027 is issued as a Request for Quote (RFQ) IAW FAR Part 13.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-02, effective 23 November 2020. The DFARS provisions and clauses are those in effect to DPN 20201130, effective 30 November 2020. The AFFARS provisions and clauses are those in effect to AFAC 2019-1001, effective 01 October 2019.

(iv) This requirement is a Small Business Set-Aside. The North America Industrial Classification System (NAICS) code: 562910 – Remediation Services with a small business size standard in dollars of $22 million.

(v) The Government intends to award a firm-fixed price (FFP) contract to perform testing of multiple rooms (approximately 7) and a guaranteed abatement of one (1) room, with options to abate others when necessary. Please see Attachment 1, Price Schedule, Attachment 2, Performance Work Statement for a full description of the Government’s requirement. The following table represents the proposed Line items, quantities, and unit of measure.

Description Quantity Unit of Measure

CLIN 0001 NON-PERSONAL SERVICES:

Testing for Asbestos The Contractor shall provide all labor, material, equipment, supervision, testing permits and all other incidental to remediate each room required. IAW the attached Performance Work Statement (PWS).

FFP

1 Project

CLIN 0002 NON-PERSONAL SERVICES:

Room 122 Removal/Cleanup of Asbestos The Contractor shall provide all labor, material, equipment, supervision, testing permits and all other incidental to remediate each room required. IAW the attached Performance Work Statement (PWS).

FFP

1 Project

CLIN 1001

OPTION

NON-PERSONAL SERVICES:

Room 101 Removal/Cleanup of Asbestos The Contractor shall provide all labor, material, equipment, supervision, testing permits and all other incidental to remediate each room required. IAW the attached Performance Work Statement (PWS).

FFP

1 Project

CLIN 2001

OPTION

NON-PERSONAL SERVICES:

Room 102 Removal/Cleanup of Asbestos The Contractor shall provide all labor, material, equipment, supervision, testing permits and all other incidental to remediate each room

1 Project required. IAW the attached Performance Work Statement (PWS).

FFP

CLIN 3001

OPTION

NON-PERSONAL SERVICES:

Room 103 Removal/Cleanup of Asbestos The Contractor shall provide all labor, material, equipment, supervision, testing permits and all other incidental to remediate each room required. IAW the attached Performance Work Statement (PWS).

FFP

1 Project

CLIN 4001

OPTION

NON-PERSONAL SERVICES:

Room 107 Removal/Cleanup of Asbestos The Contractor shall provide all labor, material, equipment, supervision, testing permits and all other incidental to remediate each room required. IAW the attached Performance Work Statement (PWS).

FFP

1 Project

CLIN 5001

OPTION

NON-PERSONAL SERVICES:

Room137 Removal/Cleanup of Asbestos The Contractor shall provide all labor, material, equipment, supervision, testing permits and all other incidental to remediate each room required. IAW the attached Performance Work Statement (PWS).

FFP

1 Project

CLIN 6001

OPTION

NON-PERSONAL SERVICES:

Room 168 Removal/Cleanup of Asbestos The Contractor shall provide all labor, material, equipment, supervision, testing permits and all other incidental to remediate each room required. IAW the attached Performance Work Statement (PWS).

FFP

1 Project

CLIN 7001

OPTION

NON-PERSONAL SERVICES:

Room UCC/HSOC Removal/Cleanup of Asbestos The Contractor shall provide all labor, material, equipment, supervision, testing permits and all other incidental to remediate each room required. IAW the attached Performance Work Statement (PWS).

FFP

1 Project

(vi) This requirement is for the procurement for Non-Personal services for professional asbestos abatement and/or lead paint removal services to determine whether or not asbestos or lead based paint exists in the carpet, floor or other areas impacted by the removal and installation of new carpet. Any paint discovered when removing the carpet for sampling will be tested for asbestos/lead. Contractor shall provide all necessary resources to include, but not limited to, personnel, equipment, tools, materials, supervision, expertise, and other items as necessary to complete the contract IAW the attached Performance Work Statement (PWS). The project must be completed IAW industry and conformance standards, applicable safety regulations, government contract specifications and this scope of work.

Sampling: Asbestos and Lead sampling will be completed by EPA & State of Alaska trained and certified personnel according to State of Alaska, US Environmental Protection Agency and US Department of Labor standards. Any paint discovered around or about the mastic or other areas will be tested.

Once all testing has been completed and the government receives the results Contractor may be awarded All, Some, or None of the Option CLINs for abatement services. Once notified of requirement to provide abatement services Contractor has 3 business days to respond for confirmation and scheduling.

Protect furniture, walls, and any other materials during project to prevent damage. The contractor will move any furniture and appliances (Not to include office automation/phones/electronics/computers) from the testing location prior to work starting, and will replace all items in the room after the testing is complete.

Return all rooms to pre-sampling conditions as possible. Patch and repaint walls damaged during flooring removal/installation.

Provide clearance samples, ACM disposal manifest, and close out report to 773 CES Asbestos Shop. Area will be cleaned according to regulations so occupants can safely utilize area after abatement and new carpet is installed.

The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the Asbestos Sampling/Abatement as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract and PWS (attachment 2).

(vii) All items shall be delivery FOB destination. The work to be performed for this contract will take place at Building 1, Headquarters Loop, JBER, Alaska 99506. The period of performance will begin on or about 22 March 2021 and will follow the timeline below.

Period of Performance: 90 days, or less, the time stated for completion date shall be computed starting on the date of receipt of Award.

Options: Contractor will be awarded all, some, or none. Government will determine which options to exercise not later than 15 days after receipt of asbestos test results from Contractor.

Schedule Date:

Post RFQ 26 February 2021 RSVP to Site visit 02 March 2021 @ 3:00 pm Alaska Standard Time (AKST) Site Visit 05 March 2021 (see instructions below on pg. 19-20) Questions Due 09 March 2021 @ 5:00 pm AKST Answers Posted 11 March 2021 NLT 3:00 pm AKST Quote Due 16 March 2021 @ 4:00 pm AKST

(viii) FAR 52.212-1 Instructions to Offerors -- Commercial Items (Jun 2020) is hereby incorporated by reference, with the same force and effect as if it were given in full text. In addition to the following addendum, all terms and conditions of FAR 52.212-1 remain in effect. The following have been tailored to this procurement and are hereby added via addendum:

1. To assure timely and equitable evaluation of the quote, the Offerors must follow the instructions contained herein.

The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation. If awarded the contract the contractor is required to submit a signed copy of the contract confirming receipt of the contractual document within five (5) business days.

2. Specific Instructions: The response shall consist of the following:

a. Submit one (1) copy of Pricing sheet (Attachment 1), to include all costs associated with the remediation and disposal of all asbestos and lead containing material IAW the PWS (Attachment 2)

b. Submit one (1) copy of

Valid and current license, in the state of Alaska, for the removal, transporting, disposal, or other regulatory activity relative to the work of this contract

c. Submit one (1) copy of completed FAR/DFARS Clauses (all listed in entirety below):

DFARS 252.204-7017 section d FAR 52.209-11 section b FAR 52.204-24 section d FAR 52.204-26 section c

NOTE: If a Contractor fails to submit any of the required information requested above, their quote may be deemed unresponsive and not considered for award.

(ix) FAR 52.212-2 Evaluation -- Commercial Items (Oct 2014) this provision has been tailored to this procurement and is provided in full-text below:

(a) Government will award a purchase order resulting from this solicitation to the responsible offeror whose conforming to the solicitation will be most advantageous to the Government, without discussions with respective offerors. The following factors shall be used to evaluate quotes:

(1) Price - The Government will select the quote with the lowest evaluated price which meets or exceeds the acceptability standards for non-price factors.

(2) Technical acceptability - The Government will evaluate the technical submittal for acceptability based on the requirements within the Performance Work Statement (PWS).

The Government will rank the quotes from lowest price to highest price based on the Total Evaluated Price.

The Total Evaluated Price (TEP) will be computed as follows: The offerors total proposed price will be determined by adding the total of the all CLIN’s including Option CLINs as identified in the Pricing Schedule. The sum of all CLIN’s including Option CLINs will represent the offerors Total Evaluated Price.

Evaluating the Option CLINs does not obligate the Government to exercise the Options.

Next the Government will evaluate the technical quote on an acceptable or unacceptable basis, starting with the lowest priced quote. The Acceptable and unacceptable definitions are as follows:

Acceptable: Quote clearly meets the minimum requirements of the solicitation.

Unacceptable: Quote does not clearly meet the minimum requirements of the solicitation.

Any factor that is “unacceptable” will render the entire quote unacceptable and, therefore not awardable. The next lowest priced quote will then be technically evaluated.

If the lowest priced evaluated quote is judged to have an “acceptable” technical rating and is determined to be responsible, that offeror represents the best value for the Government and the evaluation process stops at this point.

Price: The offeror’s separately priced line items or subline items shall be analyzed to determine if the prices are unbalanced in accordance with FAR 15.404-1(g). The Government reserves the right to perform price realism analysis. If the Government elects to perform a price realism analysis, the Government reserves discretion over the method within which it performs its price realism analysis. If the Government elects to perform a price realism analysis and finds a quote unrealistic, the Government may withhold award to that offeror.

Offerors are cautioned to submit sufficient information and in the format specified in 52.212-1, Instructions to Offerors – Commercial Items, of this solicitation. Offerors may be asked to clarify certain aspects of their quote.

Exchanges conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for quote revision. The Government intends to award a contract without discussions with respective offerors, however, will reserve the right to conduct them if deemed in its best interest.

Award will be made once price fair and reasonable has been determined IAW FAR Part 13.106-3(a). The quote may also be evaluated for price reasonableness IAW FAR Part 15.404-1.

(End of Provision Addendum)

(x) FAR 52.212-3, Offeror Representations and Certifications—Commercial Items (Jan 2021), hereby incorporated by reference with the same force and effect as if it were given in full text.

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.

(xi) FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018), is hereby incorporated by reference, with the same force and effect as if it were given in full text.

(xii) FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders – Commercial Items (Jan 2021), is hereby incorporated by reference, with the same force and effect as if it were given in full text. Additionally, the following clauses apply to this acquisition:

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C.3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19U.S.C.3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Oct 1995) (41U.S.C.4704 and 10U.S.C.2402).

__X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

L.109-282) (31 U.S.C. 6101 note) __X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note) __X__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__X__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

__X__ (22) 52.219-28, Post Award Small Business Program Re-representation (Nov 2020) (15 U.S.C. 632(a)(2))

__X__ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755) __X__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

__X__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) __X__ (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246) __X__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793)

(ii) Alternate I (July 2014) of 52.222.36 __X__ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22U.S.C. chapter 78 and E.O. 13627) __X__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.13513) __X__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83) __X__ (49) 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108- 78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43 __X__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury) __X__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31U.S.C. 3332)

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

__X__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

__X__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of clause)

(xiii) Additional terms and conditions incorporated by reference:

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 SEC I 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I 252.203-7005 Representation Relating to Compensation of Former DoD Officials. As 2011-11 SEC K prescribed in 203.171-4(b), insert the following provision:

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 SEC I 252.204-7008 Compliance with Safeguarding Covered Defense Information 2016-10 SEC I

Controls.

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident 2019-10 SEC I

Reporting.

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 SEC I

252.211-7003 Item Unique Identification and Valuation 2016-03 SEC H 252.215-7008 Only One Offer 2019-07 252.215-7013 Supplies and Services Provided by Nontraditional Defense 2018-01 SEC L

Contractors.

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or 2014-09 SEC I

Hazardous Materials.

252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 SEC G 252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal 2017-01 SEC I

Confidentiality Agreements or Statements-Representation.

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements 2017-01 SEC I or Statements.

52.204-7 System for Award Management. 2018-10 SEC L 52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC K 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I 52.204-23 Prohibition on Contracting for Hardware, Software, and Services 2018-07 SEC I

Developed or Provided by Kaspersky Lab and Other Covered Entities.

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 SEC I a Felony Conviction under any Federal Law.

52.222-6 Construction Wage Rate Requirements 2018-08 SEC I 52.222-13 Compliance with Construction Wage Rate Requirements and 2014-05 SEC I 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- 2016-12 SEC L Representation

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 SEC I 252.223-7008 Prohibition of Hexavalent Chromium 2013-06 SEC I 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) 2019-10 5352.223-9001 Health and Safety on Government Installations 2019-10 5352.242-9000 Contractor Access to Air Force Installations 2019-10

FAR 52.204-22 Alternative Line Item Proposal (Jan 2017) is hereby incorporated by full text below:

As prescribed in 4.1008, insert the following provision:

Alternative Line Item Proposal (Jan 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services Representation (Nov 2020) is hereby incorporated by full text below:

As prescribed in 204.2105(b), use the following provision:

PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES—REPRESENTATION (DEC 2019)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services— Representation, that it “does not provide covered defense 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.”

(a) Definitions. “Covered defense telecommunications equipment or services,” “covered mission,” “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-

91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

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

Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services— Representation, that it “does” provide covered defense 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it

____ will ____ will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) is hereby incorporated by full text below:

As prescribed in 9.104-7(d), insert the following provision:

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) ____ it is ____ is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) ____ it is ____ is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

DFARS 252.222-7000 Restrictions on Employment of Personnel (Mar 2000) is hereby incorporated by full text below:

As prescribed in 222.7004, use the following clause:

RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)

(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in Alaska, individuals who are residents thereof and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.

(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.

DFARS 252.232-7006, WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) is hereby incorporated by full text below:

(a) Definitions. As used in this clause-

“Department of Defense Activity Address Code (DoDAAC)”is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self- registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. _N/A__

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer. __2 in 1 Services__

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

| Field Name in WAWF || Data to be entered in WAWF | | Pay Official DoDAAC || __HQ0490 __ | | Issue By DoDAAC || __FA5000__ | | Admin DoDAAC || __FA5000__ | | Inspect By DoDAAC || __W584FM __ |

| Ship To Code || __ W584FM __ |

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activities WAWF point of contact. 673CONS.WAWF@elmendorf.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of Clause)

52.217-5 Evaluation of Options.

As prescribed in 17.208(c), insert a provision substantially the same as the following:

EVALUATION OF OPTIONS (JULY 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.217-7 Option for Increased Quantity-Separately Priced Line Item.

As prescribed in 17.208(e), insert a clause substantially the same as the following:

OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days after receiving asbestos testing results. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

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) Representation. The Offeror represents that—

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

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(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.

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

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(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.

(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…