Conformed Copy_N68908-21-Q-0052.pdf

SEE ADDENDUM

(No Collect Calls)

N6890821Q0052 27-Aug-2021

b. TELEPHONE NUMBER

757-953-3271

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 10 Sep 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N689089. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JAIME C. HOWARD

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVY MEDICINE EAST

SUITE 1400

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708-2106

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 757-953-7537 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$22,000,000

NAICS:

811219

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N6890821Q0052

Section SF 1449 - CONTINUATION SHEET

RFQ INFO

THIS IS A FULL & OPEN COMPETITION SOLICITATION

FIRM-FIXED PRICE AWARD

OFFEROR ARE TO COMPLETE THE BELOW AND SUBMIT

WITH THEIR QUOTE/PROPOSAL PACKAGE

Offeror Name / Address (Please include Zip+4)

Telephone Number Vendor Point of Contact Email Address Cage Code DUNS Number Offeror TAX ID (IF APPLICABLE)

Business Size (Check all that apply) ☐ Small ☐ Woman Owned ☐ Disadvantaged ☐ Large ☐ 8(a)

Check any of the following that apply to your company:

HubZone Certification Educational Organization Non-Profit Educational Other Educational Service Disabled Veteran-Owned Small Business Other Veteran Owned Business

Prompt Payment Discount

FOB Point:

** System for Award Management (SAM): Please ensure that all information contained in SAM is current, Active and that registration has not expired via http://www.sam.gov **

PRODUCT/SERVICES FOR: Navy Environmental and Preventive Medicine Unit Two (NEPMU2) located at 1285 West D Street, BLDG. U238, Norfolk, VA 23511-3394

CUSTOMER TECHNICAL POC WILL BE PROVIDED AT AWARD

Government Point of Contact:

Mrs. Jaime Howard, Contract Specialist Navy Medical Forces Atlantic 620 John Paul Jones Circle Portsmouth, VA 23708 Phone: (757) 953-3219 Email: jaime.c.howard.civ@mail.mil

Prompt Payment For Prompt Payment Act Purposes, this contract is:

Subject to the 7‐ Calendar Day Constructive Acceptance Period. Payment in Arrears.

http://www.sam.gov/ mailto:jaime.c.howard.civ@mail.mil

NOTE: Vendor is required to provide billing electronically via the WAWF Electronic Invoicing method. For additional information, a review of the following web sites may be required:

https://wawf.eb.mil and http://wawftraining

**NOTE** A response is required for the following

FAR 52.204-24 (d) Representations , FAR 52.204-26 (c) Representations while FAR 52.204-25 prohibits the Government from 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 applies.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months

STERIS ANNUAL PM MAINTENANCE

FFP

Base Year. 20 IN DD BIOSEAL R1W DECON. Serial number: 031311011. (4 Annual PM Maintenance). See Statement of Work for Complete Description of Tasks.

FOB: Destination

PSC CD: J065

NET AMT

https://wawf.eb.mil/ http://wawftraining/

1001 12 Months

OPTION STERIS ANNUAL PM MAINTENANCE

FFP

OPTION Year 1. 20 IN DD BIOSEAL R1W DECON. Serial number: 031311011.

(4 Annual PM Maintenance). See Statement of Work for Complete Description of Tasks.

2001 12 Months

OPTION STERIS ANNUAL PM MAINTENANCE

FFP

OPTION Year 2. 20 IN DD BIOSEAL R1W DECON. Serial number:

031311011. (4 Annual PM Maintenance). See Statement of Work for Complete Description of Tasks.

3001 12 Months

OPTION STERIS ANNUAL PM MAINTENANCE

FFP

OPTION Year 3. 20 IN DD BIOSEAL R1W DECON. Serial number:

031311011. (4 Annual PM Maintenance). See Statement of Work for Complete Description of Tasks.

4001 12 Months

OPTION STERIS ANNUAL PM MAINTENANCE

FFP

OPTION Year 4. 20 IN DD BIOSEAL R1W DECON. Serial number:

031311011. (4 Annual PM Maintenance). See Statement of Work for Complete Description of Tasks.

SOW

STATEMENT OF WORK (SOW)

Contractor shall provide maintenance and repair services for all items listed in the Schedule. Services shall include on-site corrective repairs during normal working hour coverage from (8:00 A.M. to 4:00 P.M. Monday through Friday excluding Federal holidays), 24-hour emergency service, installation of software or engineering updates (if required) BioSeal R1W Decontamination Unit preventive maintenance services as recommended by the ORIGINAL EQUIPMENT MANUFACTURER (OEM), Contractor shall test and maintain the BioSeal R1W Decontamination equipment and/or system in accordance OEM operating standards as specified in the schedule.

Maintenance and repair services shall include all systems, subsystem components, and assemblies, the contractor shall be responsible for total maintenance of the entire system. All maintenance provisions, and/or services shall apply to hardware, firmware, and software, as appropriate, unless otherwise stated. All replacement and/or repair parts shall be OEM certified replacement parts. Substituted replacement and repair parts ARE NOT acceptable.

1. General

1.1. The Contractor shall comply with Federal, State, and Local Laws, plus any Federal Regulations as applicable to the performance of this contract.

1.2. The Contractor shall not accept any instructions issued by any person employed by the U. S.

Government, other than the Contracting Officer (KO) or designated representative acting within the limits of their authority.

1.3. The Contractor’s technician shall be fully qualified in the repair of all equipment. Contractor’s technician shall maintain current qualifications throughout the entire contract period of performance. Qualification includes the certification of all repair technicians and repair facilities by the OEM, training on the equipment and continuous hands-on repair experience with the equipment.

2. Scope of Work

2.1. The Contractor shall provide trained, experienced, personnel, labor, tools, diagnostic equipment, software, test phantoms, material, supplies, transportation, parts and equipment necessary to perform Preventive Maintenance (PM), Calibration (CAL), Safety testing (ST) and corrective maintenance.

2.2. The Contractor shall provide telephonic communications with the Government to discuss technical matters relating to the performance of this contract. A systems operator will be made available to answer technical questions regarding system operations and applications.

2.3. Equipment listed in this contract will be maintained to meet and retain the original equipment manufacturer specifications / equipment certification.

2.4. Equipment and associated components shall be serviced.

2.5. The Contractor Point of Contact (POC). The Contractor shall provide in writing the name and telephone number of a primary and alternate individual to act as their representative for the scheduling and coordination of service calls, and to be responsible for the coordination of the contract with the Government.

3. Deliverables/Schedule.

Base Year plus Four Option Years

4. Government Furnished Property, Materials and Services.

4.1. The Contractor representative at each site is encouraged to request a pre-maintenance inspection prior to the onset of the contract. As all apparent discrepancies must be identified upon submittal of quote, any and all claims must be received within 30 days of contract award or prior to contract start date, whichever occurs first. All non-apparent / hidden discrepancies must be identified no later than the first scheduled preventative maintenance cycle. Any claims resulting from hidden defects must be provided to the contracting officer within 30 days of inspection period. Any equipment found to be inoperable during this pre-maintenance inspection must be reported to the contracting officer and repair pricing negotiated with the contracting office and repaired under separate purchase order. The government certifies that the equipment to be maintained under this contract will be in good operating condition on the effective date of this contract. For the purpose of this contract, the clause, “good operating condition” means the conditions necessary for the equipment to function as intended without corrective maintenance. The Contractor agrees to leave the equipment in good operating condition at the expiration of this contract. During the final week of this contract, the Government will make final inspection of the equipment. Any correction of deficiencies noted during this inspection shall be resolved prior to contract end. The Government reserves the right to request the repair (at no additional cost to the Government) of items identified with latten defects after contract termination, when it has been determined that defects either are a result of contractor’s performance or should have been discovered during normal performance of work under this contract.

4.2. The government will be responsible for maintaining the proper environment, including utilities and site requirements necessary for the system to function properly as specified by the OEM.

4.3. The Government will operate the system in accordance with the instruction manual provided by the

OEM.

4.4. The Government will not be responsible for the damage or loss due to fire, theft, accident, or other disaster of Contractor supplies, materials, or for the personal belongings brought onto Government property by Contractor’s personnel.

5. Contractor Furnished Property and Material

5.1. The Contractor shall provide all service literature, reference publications, laptop computers and diagnostic software to be used by the contractor service technicians and as required for the completion of the services in accordance with this contract.

6. Replacement Parts

6.1. The Contractor shall have ready access to unique, obsolete and/or consumable replacement parts. All parts supplied shall be compatible with the existing system. In the event that replacements parts are required to be shipped. Shipping shall be performed in the fastest traceable means possible (i.e., next day air) at no additional cost to the Government.

6.2. The Contractor shall, at their expense, replace all worn or defective parts necessary to restore the equipment to 100% operational condition as specified by the OEM.

6.3. Contractor installed replacement parts shall become the property of the Government. Replaced items shall be properly disposed of at no additional cost to the Government (contractor to pay all “environmental fees” where required).

6.4. Freight, postage, and storage charges associated with shipment and receipt of replacement parts, and the return of parts shall be the responsibility of the Contractor.

6.5. All replacement parts shall be new and certified as OEM replacement parts. In the event that new parts are not available, rebuilt parts and sub-assemblies are allowed provided that they are warranted to be free of defects for a period of time that meets or exceeds warranties of similar replacement parts. The contractor shall specifically annotate on the Field Service Report the use and identification of rebuilt parts and the period of warranty. When discrepancies occur, the Government will make the final determination on whether a replacement part is of equal or better quality.

6.6. The Contractor must include software revisions and upgrades (field service changes), which are required due to FDA, or manufacturer announced safety-hazard recall, to include FDA Year 2021 Compliance Directive, as part of the contract at no additional cost to the Government. Upgrades shall be performed as soon as possible after release, but no later than the first scheduled Preventative Maintenance Inspection after release. For any updates that have been identified as critical, or required for the proper operation of equipment by the OEM, contractor shall provide installation within 30 days of release regardless of Preventative Maintenance Schedules.

Specific Tasks.

7. Contractor Report Requirements

7.1. During normal duty hours, Contracted Field Service Technicians shall check-in with the authorized government’s representative upon arrival at the Government site and again prior to departure. The Contractor FSEs shall personally notify the contracting officer of problems that result in the equipment being left disabled upon their departure.

8. Contractor Responsibility

8.1. Contractor shall perform inspections, corrective maintenance, preventive maintenance, on-call maintenance, repairs and replacements according to the Original Equipment Manufacturer (OEM) manual on all instrumentation listed in this contract.

8.2. Contractor shall provide prompt customer support as needed where routine or as needed services shall be acknowledge within a 24 hour period and scheduled within a 48 hour period after notification. This is to include any emergency or unexpected needs of services.

8.3. Contractor shall ensure that the instrumentation do not remain unusable due to malfunction, through no fault or negligence of the Government for a period of 48 hours. Inoperable, dirty and inadequate parts provided by contractor will be rectified or replaced immediately within the same day or by the next business day before noon.

8.4. An adequate inventory of parts, specifically to those with a history of high failure/replacement rates, must be maintained and located in a geographic location to permit a 24 to 72 hour service call response. Parts and supplies provided under the contract shall be guaranteed to be equal in all aspects, including performance, interchangeability, durability and quality to the OEM parts with new or as presently recommended by the manufacturer.

9. Preventive Maintenance Services

9.1. In accordance with Naval Medical Logistics Command (NAVMEDLOGCOM) Risk Assessment Criteria, preventive maintenance shall be performed in accordance with the Original Equipment Manufacturers (OEM) recommendations.

9.2. Preventive maintenance visits shall be performed as specified or as mutually agreed upon between the Government and the Contractor. The Contractor shall schedule and complete preventive maintenance services prior to the 15th of the selected month.

10. Corrective Maintenance

10.1. Normal Working Hour Maintenance Coverage Maintenance Coverage will be Monday through Friday, between 8:00 A.M. to 4:00 P.M. A contractor Service Tech shall respond via telephone within 2 hours after receipt of trouble call, and provide on-site service no later than the close of business (4:00 pm) on the next business day. Equipment shall be operational within 48 hours.

10.2. In the event that emergency service outside the normal working hours are required by the Government, additional work shall be billable to the Government at published commercial rates, and negotiated and approved by a Contracting Officer prior to services rendered.

10.3. Government request for corrective maintenance will be placed by the government’s representative to the Contractor’s POC. Corrective Maintenance shall be completed during the hours specified in the contract.

10.4. The Contractor shall assign a unique Log/Reference Number to each Government request for corrective Maintenance.

10.5. Contractor’s response to requests for service may include telephone consultation with the equipment user/operator and a Contractor Technician. Telephone consultation shall: 1) provide instruction in determining operator error; 2) to determine the most likely cause of the problem; 3) to determine if resolution of the problem requires the dispatch of a Technician; and 4) to identify replacement parts likely to be required in order to return the equipment to 100% operational condition as specified by the OEM.

10.6. Contractor’s pricing shall be inclusive of all cost including parts, labor, travel and shipping (of required parts), unless otherwise indicated. Any/all exclusions are listed as follows:

No Exclusions

10.7. The Contractor shall have his/her own service manuals, specifications, schematic diagrams, and parts lists to assist in the evaluation/repair of all equipment included in this contract.

11. Removal of Government Property

11.1. Whenever the repair of equipment cannot be performed at the Government site as determined by the Contractor, the Contractor shall notify the government’s representative who will make arrangements for the Contractor to move the item (i.e. obtain property pass for material) to the Contractor’s designated site. The Contractor may be required to sign a Government form accepting responsibility for the Government equipment. The Contractor shall provide a detailed description of removed items. For associated items / accessories, contractor to provide a detailed description and quantities of items to be removed. Description to include as a minimum manufacturers serial numbers and equipment control number (ECN) of all equipment / items removed. In the event that items / sub-assemblies / accessories are repaired via “Repair by Replacement” a detailed description of replaced items is to be included upon return of repaired components.

11.2. All charges resulting from a Contractor determined requirement to transport Government owned property, covered by this contract, to and from an alternate repair location shall be the responsibility of the Contractor.

12. Equipment Modification Upgrades

12.1. The Contractor shall only incorporate OEM specified modifications, alterations and upgrades.

Approval shall be obtained from Government Biomedical Engineering (BME) prior to Contractor installation of any modification, alteration, or upgrades.

12.2. The Contractor shall maintain contact with the OEM to determine the requirement for field modifications and to ensure accomplishment of these modifications in accordance with the time schedule set forth by the OEM.

12.3. The Government shall not alter the system without prior notification to the Contractor.

12.4. The contractor at no additional cost shall provide software upgrade to the Government. Installation of upgrades will be left to the discretion of the Government. All supplied software is to be warranted current and free of defects such as viruses.

13. Service Beyond the Scope of the Contract

13.1. The Contractor shall immediately, but not later than 24 consecutive hours after discovery, notify the contracting officer, in writing, of the existence or the development of any defects in, or repair required to the scheduled equipment, which the Contractor considers they are not responsible for under the terms of this contract.

13.2. At the same time of the notification, the Contractor shall furnish BME with written estimate of the cost to make the necessary repairs. Repairs considered by the Contracting Officer to be outside the scope of this contract shall not be covered under this contract, but shall be ordered under a separate purchase order.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-3 Offeror Representations and Certifications--Commercial

Items

FEB 2021

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 52.222-3 Convict Labor JUN 2003 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.247-34 F.O.B. Destination NOV 1991

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 252.204-7008 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

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7000 Buy American--Balance Of Payments Program Certificate--

Basic (Nov 2014)

NOV 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors 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 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.246-7008 Sources of Electronic Parts MAY 2018

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

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

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

(c) Representations.

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

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

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

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

Award will be made based on the “Best Value” proposed for this requirement in terms on technical capabilities/approach, past performance and price. Technical acceptability will be determined through an evaluation of the offeror’s technical proposal.

E xcept for communications conducted for the purpose of minor clarification, the Government intends to evaluate p roposals and award a contract without discussions. Therefore, each initial offer should contain the offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the Contracting Officer to be necessary.

EVALUATION FACTORS. The following factors below will be evaluated:

FACTOR 1. TECHNICAL MERIT: Technical factors reflected below must be met and stated in the offeror’s proposal. Technical merit ratings reflect the Government’s confidence in each offeror’s ability, as demonstrated in its proposal, to perform the requirements stated in the solicitation. Failure to submit a technical proposal or clearly address the technical factors will result in an “Unacceptable” rating. To receive consideration for award, a rating of “Acceptable” must be achieved for all technical factors.

1. Technical Merit shall be assessed based on the evaluation of the following technical factors:

a. The contractor’s approach to meet the requirements of the Statement of Work (SOW)

b. If not the OEM, provide documentation of being OEM certified to complete requested services

c. Demonstrate the ability to provide OEM certified parts and services to perform requirements outlined in the SOW. Capability may be demonstrated with references, documentation from the manufacturer or equivalent.

d. Ability to provide OEM parts https://www.sam.gov/

The following adjectival ratings will be used in evaluating each offeror’s technical proposal

Technical Acceptable/Unacceptable Ratings

Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

FACTOR 2. PAST PERFORMANCE: The offeror’s performance will be rated in terms of acceptability. A performance rating of acceptable or unacceptable will be assigned dependent upon the evaluator’s assessment of the level of confidence in the offeror’s performance record. Past Performance will be evaluated based on assessments of the performance under current and prior contracts for the last five years.

The information which will be used for evaluation will be obtained from the Contractor Performance Assessment Reporting System (CPARS) via www.cpars.gov, FAPIIS, and any other sources. The Government may reject a proposal if it is found that any information that has a negative impact on the offeror’s past performance record has been deleted, misrepresented, or withheld. Past performance surveys should be based upon performance of like services to those in this solicitation.

If adverse past and present performance information is obtained, the respective point of contact may be contacted to obtain additional information about the circumstances surrounding the situation.

Offerors will be given an opportunity to address unfavorable reports of past and present performance to which the offeror has not had a previous opportunity to respond. The offeror's response, or lack thereof, will be taken into consideration.

The following adjectival ratings will be used in evaluating each offeror’s past performance proposal.

Past Performance Evaluation Ratings

Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Unknown The offeror’s performance record is unknown.

(See note below.)

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered

“acceptable.”

FACTOR 3. PRICE: The purpose of the price factor is to determine if the proposed price is fair and reasonable. In no event will the Government make an award against an offer that the Government does not find to be fair and reasonably priced.

The pricing criteria used for evaluation are completeness, price reasonableness, and Total Evaluated Price (TEP).

1. Completeness - The Government will review the pricing submissions for completeness and compliance with FAR 52.212-1 of this solicitation. Incomplete price submissions may not be evaluated and the quotation may be eliminated from the competition.

2. Price Reasonableness - The offerors price proposal will be evaluated using one or more of the techniques defined in FAR 13.106-3(a). Generally, adequate price competition will satisfy the criteria of price reasonableness.

3. Total Evaluated Price (TEP) – The TEP will be calculated as the sum of the offeror’s proposed prices for all proposed items, discounts, and or trade-in allowance. The Government may determine that an offer is unacceptable if any item prices appear significantly unbalanced.

Technical and past performance, when combined, are approximately equal to cost or price.

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

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JAN 2021)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 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).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor MAY include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to the expiration of the contract.

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

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend prior to expiration of the contract. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FAR Clause https://www.acquisition.gov/browsefar

DFARS Clause https://www.acq.osd.mil/dpap/dars/dfarspgi/current

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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…