CSS W91QVP23Q3250 - TkS BLS Solicitation - 0001.pdf

SEE ADDENDUM

(No Collect Calls)

W91QVP23Q3250

b. TELEPHONE NUMBER

(808) 787-8852

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 29 Jun 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

26-Jun-2023

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

(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.

W91QVP9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CATHERINE R. MCKINNEY

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

0011984702

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

921ST CONTRACTING BATTALION

742 SANTOS DUMONT

BLDG 108, 3RD FLOOR

WHEELER ARMY AIRFIELD HI 96854

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 W909R7 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

130TH EN BDE

2LT NICOLE WANTLIN

TAMIOK STRIKE 23

TAURAMA BARRACKS, CAMP ARUMA

PORT MORESBY

TEL: 949-338-1763 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

561990

X

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)

PAGE 2 OF50

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

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.

Section SF 1449 - CONTINUATION SHEET

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 PWS 33 22-JUN-2023

INSTRUCTION TO OFFERORS

SOLICITATION INFORMATION

General Information:

Government Points of Contact:

RCO POCS:

Contract Specialist: SSG Catherine McKinney Contracting Officer: MAJ Michael Bresette

TEL: (808) 787-8852 TEL: (808) 787-8880

E-mail: catherine.r.mckinney.mil@army.mil E-mail: michael.h.bresette.mil@army.mil

Short Description of Requirement: Base Life Support Services at Camp Aruma, Taurama Barracks, PoM; Igam Engineer Yard, Igam Barracks, Lae; Camp Key, Moem Barracks, Wewak, PNG.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Base Life Support

FFP

Provide Base Life Support Services at Camp Aruma, Taurama Barracks, Igam Enginner Yard, Igam Barracks and Camp Key, Moem Barracks in accordance with the Exhibit Line Item Numbers (ELINs) and the Performance Work Statement

(PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: 0011984702

PSC CD: W099

NET AMT

ELINS

ITEM Description Amoun Unit Unit Price Total Amount

0001 Base Life Support (BLS) Services for TkS23 at Camp Aruma, Taurama Barracks, PoM; Igam Plant Yard, Igam Barracks, Lae; Camp Key, Moem Barracks, Wewak, Papau New Guinea IAW the Performance Work Statement. 15 July 2023 - 13 August 2023 (30 Days) 1 Job

ELIN Description QTY U/I Unit Price Total Amount

A001 Sleeping Tent Set, Camp Aruma, Taurama Barracks, PoM - QTY 9 EA / PoP: 19 July - 13 August 2023 (26 Days) 9 EA

Tent Breakdown (list each item separately when giving unit price):

1 Tent 9 EA

2 Power (to include FUEL) 9 EA

3 Ventilation and A/C 9 EA

4 Lighting 9 EA

5 Flooring 9 EA

6 Power Outlets 9 EA

A002 60K Generator, Igam Plant Yard, Igam Barracks, Lae - QTY 1 EA / PoP: 15 July - 12 August 23 (29 Days) to include FUEL 1 EA

A003 60K Generator, Camp Aruma, Taurama Barracks, PoM- QTY 1 EA / PoP: 19 July - 13 August 23 (26 Days) to include FUEL 1 EA

A004 60K Generator, Camp Key, Moem Barracks, PoM- QTY 1 EA / PoP: 23 July - 12 August 2023 (21 Days) to include FUEL 1 EA

A005 Portable Latrine, Igam Plant Yard, Igam Barracks, Lae - QTY 3 EA / PoP: 15 July - 12 August 23 (29 Days) 3 EA

A006 Portable Latrine, Air Transport Wing (ATW), PoM- QTY 1 EA / PoP: 17 July - 13 August 23 (28 Days) 1 EA

A007 Portable Latrine, Camp Aruma, Taurama Barracks, PoM- QTY 3 EA / PoP: 19 July - 13 August 23 (26 Days) 3 EA

A008 Portable Latrine, Camp Key, Moem Barracks, PoM- QTY 3 EA / PoP: 23 July - 12 August 2023 (21 Days) 3 EA

A009 Portable Latrine, GRTD, PoM- QTY 2 EA / PoP: 05 - 12 August 23 (8 Days) 2 EA

A010 Hand Washing Station, Camp Aruma, Taurama Barracks, PoM- QTY 1 EA / PoP: 19 July - 13 August 23 (26 Days) 1 EA

A011 Hand Washing Station, GRTD, PoM- QTY 1 EA / PoP: 05 - 12 August 23 (8 Days) 1 EA

A012 Laundry Services, Igam Plant Yard, Igam Barracks, Lae - QTY 1 EA / PoP: 15 July - 12 August 23 (29 Days) 1 JOB

A013 Laundry Services, Camp Aruma, Taurama Barracks, PoM- QTY 1 EA / PoP: 19 July - 13 August 23 (26 Days) 1 JOB

A014 Laundry Services, Camp Key, Moem Barracks, PoM- QTY 1 EA / PoP: 23 July - 12 August 2023 (21 Days) 1 JOB

A015 Trash Removal, Igam Plant Yard, Igam Barracks, Lae - QTY 1 EA / PoP: 15 July - 12 August 23 (29 Days) 1 JOB

A016 Trash Removal, Camp Aruma, Taurama Barracks, PoM- QTY 1 EA / PoP: 19 July - 13 August 23 (26 Days) 1 JOB

A017 Trash Removal, Camp Key, Moem Barracks, PoM- QTY 1 EA / PoP: 23 July - 12 August 2023 (21 Days) 1 JOB

A018 Trash Removal, GRTD, PoM- QTY 1 EA / PoP: 05 - 12 August 23 (8 Days) 1 JOB

A019 Grey Water / Black Water Removal, Igam Plant Yard, Igam Barracks, Lae - QTY 1 EA / PoP: 15 July - 12 August 23 (29 Days) 1 JOB

A020 Grey Water / Black Water Removal, Camp Aruma, Taurama Barracks, PoM- QTY 1 EA / PoP: 19 July - 13 August 23 (26 Days) 1 JOB

A021 Grey Water / Black Water Removal, Camp Key, Moem Barracks, PoM- QTY 1 EA / PoP: 23 July - 12 August 2023 (21 Days) 1 JOB

A022 Portable AC, Igam Plant Yard, Igam Barracks, Lae - QTY 10 EA / PoP: 15 July - 12 August 23 (29 Days) (To include FUEL or electric power) 10 EA

A023 Portable AC, Camp Key, Moem Barracks, PoM- QTY 4 EA / PoP: 23 July - 12 August 2023 (21 Days) (To include FUEL or electric power) 4 EA

A024 Non-Potable Bulk Water, Igam Plant Yard, Igam Barracks, Lae - QTY 1 EA / PoP: 15 July - 12 August 23 (29 Days) 1 JOB

A025 Non-Potable Bulk Water, Camp Aruma, Taurama Barracks, PoM- QTY 1 EA / PoP: 19 July - 13 August 23 (26 Days) 1 JOB

A026 Non-Potable Bulk Water, Camp Key, Moem Barracks, PoM- QTY 1 EA / PoP: 23 July - 12 August 2023 (21 Days) 1 JOB

A027 Bulk Ice, Igam Plant Yard, Igam Barracks, Lae - QTY 1 EA / PoP: 15 July - 12 August 23 (29 Days) 1 JOB

A028 Bulk Ice, Camp Aruma, Taurama Barracks, PoM- QTY 1 EA / PoP: 19 July - 13 August 23 (26 Days) 1 JOB

A029 Bulk Ice, Camp Key, Moem Barracks, PoM- QTY 1 EA / PoP: 23 July - 12 August 2023 (21 Days) 1 JOB

A030 Ice Cooler, Igam Plant Yard, Igam Barracks, Lae - QTY 1 EA / PoP: 15 July - 12 August 23 (29 Days) 1 EA

A031 Ice Cooler, Camp Aruma, Taurama Barracks, PoM- QTY 1 EA / PoP: 19 July - 13 August 23 (26 Days) 1 EA

A032 Ice Cooler, Camp Key, Moem Barracks, PoM- QTY 1 EA / PoP: 23 July - 12 August 2023 (21 Days) 1 EA

TOTAL:

Number of Delivery/Set-up Days After Date Contract Awarded:

* Items list will be equal to or greater listed in the ELINs

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each

Defense Base Act (DBA) Insurance

FFP

The amount listed by the offeror on this CLIN is the estimated DBA insurance premium. The DBA insurance premium amount varies with payroll and the nature of services and will, therefore, not be taken into account during price evaluation of offers. The actual amount paid by the government under this CLIN will be based on the amount of the Insurance Provider invoice submitted by the offeror after contract award. In the event of recalculation of the premium, the contracting officer will adjust this CLIN by contract modification to reflect actual premium amounts paid.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011984702

PSC CD: W099

NET AMT

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 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-JUL-2023 TO

13-AUG-2023

N/A 130TH EN BDE

2LT NICOLE WANTLIN

TAMIOK STRIKE 23

TAURAMA BARRACKS, CAMP ARUMA

PORT MORESBY

949-338-1763 FOB: Destination

W909R7

0002 POP 15-JUL-2023 TO

13-AUG-2023

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W909R7

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

MAR 2023

ADDENDUM TO PROVISION 52.212-1

ADDENDUM TO PROVISION 52.212-1

The following shall apply to this solicitation in addition to those terms and conditions in FAR provision 52.212-1. The specific paragraphs of FAR provision 52.212-1 affected are shown below:

Paragraph (a) - Small business size standard does not apply to this solicitation.

Paragraph (c) - Period for Acceptance of Offers is changed to read: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Paragraph (h) - Multiple awards does not apply to this solicitation.

Paragraph (i) - Availability of Requirements document cited does not apply to this solicitation.

Paragraph (m) is added to incorporate the following with respect to the information and documents required for submission in response to this solicitation:

- 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 contract will be awarded to the contractor based on the best value to the Government, with equipment quality, schedule and price considered. The winning contractor may or may not be the lowest priced offeror. The following factors shall be used to evaluate offers: delivery time, equipment specifications and price. Award of this contract will be on the best value basis pursuant to the award criteria stated in FAR provision 52.212-2. Since it is the Government’s intent to award without discussions, per FAR provision 52.212-1(g), offerors are cautioned to examine this solicitation in its entirety and to ensure that their quote contains all necessary information, provides all required documentation, and is complete in all respects.

However, the Government reserves the right to conduct discussions, if determined necessary.

INSTRUCTIONS TO OFFERORS

1.) Complete blocks 17 and 30 on page 1 of the SF Form 1449.

2.) Complete pricing for each CLIN/ELIN in the schedule as required without TAXES and include ALL shipping charges, FOB Destination to Taurama Barracks, Port Moresby, Papua New Guinea.

3.) Complete the following provisions/clauses:

- FAR provision 52.204-17 “Ownership or Control of Offeror”

- FAR provision 52.204-20 “Predecessor of Offeror”

- FAR provision 52.204-24 “Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment”*

- FAR provision 52.204-26 “Covered Telecommunications Equipment or Services-- Representation”*

- FAR provision 52.209-7 “Information Regarding Responsibility Matters”

- FAR provision 52.212-3 (ALT I) “Offeror Representations and Certifications” * (Only complete paragraph (b) if you have an active SAM registration)

- DFARS provision 252-204-7016 “Covered Defense Telecommunications Equipment or Services- -Representation”*

- DFARS provision 252-204-7017 “Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation”*

- DFARS clause 252.229-7001 “Tax Relief”

- DFARS provision 252-247-7022 “Representation Of Extent Of Transportation By Sea”

*Offerors already registered in the System for Award Management (SAM) shall complete the annual representations and certifications electronically via the website at http://www.sam.gov.

4.) System for Award Management (SAM) Registration: The US Government prefers to award to contractors who are registered and have an active account at the SAM. All contractors, offering under this solicitation should attempt to register. Offers, where the contractor is not registered will also be considered.

The US Government prefers that contractors also be registered in Wide Area Workflow (WAWF) to facilitate electronic invoicing and payment. Manual Invoices will also be accepted if contractors are unable to register in SAM and WAWF.

Registered in SAM: Yes No (Make sure your registration status is ACTIVE and not expired.)

Registered in Wide Area Workflow (WAWF): Yes No (WAWF will not work when the SAM registration is inactive. This will cause payment delays!)

The following information must be provided/completed with your offer:

POC E-mail address:

DUNS Number:

CAGE Code:

TAX ID (US firms only):

Accepted Payment Methods: Electronic Funds Transfer (EFT) Yes Government Purchase Card (Credit) Yes Wide Area Workflow (WAWF) Yes

No No No

5.) Offerors shall submit a Section 889 Representation. Section 889 of the National Defense Authorization Act (NDAA) prohibits executive agencies from entering into, 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, on or after August 13, 2020, unless an exception applies or a waiver is granted. If the merchant has provided a negative response to the provision at 52.204-26 (or paragraph (v) of the provision at 52.212-3, the merchant shall not complete the 889 Representation Form. 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”. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); 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) is strictly prohibited.

5.) Offerors shall submit an updated EFT Form to ensure a record is created by Finance for the purpose of fast payment.

6.) The offeror shall submit the following for evaluation as part of their quotes which will be evaluated in accordance with far 52.212-2 of this solicitation:

FACTOR 1: Relevant Past Experience

This factor evaluates the Contractor’s relevant past experience. Contractor shall provide proof of at least one instance in providing similar base life support (BLS) or life support area (LSA) on a Pacific Island within the last three (3) years. This proof may be a Government contract number with appropriate details or a pamphlet describing the support (pamphlet limited to 10 pages).

FACTOR 2: Equipment

Contractors shall provide detailed specifications pertaining to the equipment and services to be provided under this purchase order. All equipment offered shall be in accordandance with the specifications outlined in Part 5 of the PWS.

FACTOR 3: Price

a. Enter CLIN and ELIN price information in the schedule. The price quote shall be prepared in accordance with these instructions, and will be evaluated in accordance with FAR provision 52.212-2 as contained in this solicitation. The offeror’s price will be calculated by adding the total of all CLIN/ELIN extended prices. In the event there is a difference between a unit price and the extended total amount, the unit price will be held to the intended offer and the total recomputed accordingly. Offerors shall quote amount without tax included. If the offer provides a total amount for a contract item but fails to enter the unit price, the amount divided by the specified quantity will be held to be the intended unit price.

b. Offerors are cautioned that an unrealistically low price, or unbalanced pricing of line items, as proposed initially or subsequently, may be a ground for eliminating a quote from consideration, either on the basis that the offeror does not understand the required services, or he/she has made an imprudent offer.

c. This aggreement is subject to the Defense Base Act (DBA) and as such the Contractor is required to purchase Worker’s Compensation Insurance in accordance with FAR 28.309(a) and FAR clause 52.228-3. This cost is reimbursable to the Contractor and will be paid upon receipt of invoice showing proof of purchase. The contractor is required to provide a price quote for DBA insurance with their offer. A list of authorized DBA insurance carriers can be found at https://www.dol.gov/agencies/owcp/dlhwc/lscarrier. An authorized DBA carrier must be utilized.

This request does not commit the Government to pay any costs incurred in the preparation and submission of your quote or in making any necessary studies for the preparation thereof, or for any visit the Contracting Officer may request for the purpose of clarification of the quote or for preparation on negotiations.

All questions regarding this solicitation shall be submitted by e-mail to the Point of Contact stated in the Request For Quote (RFQ) Letter, SSG Catherine McKinney at catherine.r.mckinney.mil@army.mil. The applicable section and paragraph reference shall process questions. The Government requests that questions shall be requested no later than three (3) working days after the issuance of the solicitation to allow the Government sufficient time to respond prior to the closing date. The Contracting

W91QVP23Q3250

Officer may limit the number of questions answered. Answers to questions may be posted as a Solicitation Amendment and distributed to all interested parties. Offerors are responsible for monitoring e-mail for postings of amendments, answers to questions, and other instructions/information, if any.

Offers are due at the ISSUED-BY office, shown in block 8 on page 1 of this document. Local Time means Hawaii Standard Time (HST).

Offerors are responsible to provide their quotes to this office before the specified date and time.

Offerors shall submit offers via email. All email attachments SHALL BE labeled in the following format: RFQ NUMBER_CONTRACTOR NAME_DOCUMENT TITLE

Offers are to be provided with only 2-digit decimals after the Comma. More than 2-digits will need to be shortened by this office.

US Companies are encouraged to provide US Dollar offers only as otherwise serious payment problems may occur.

Offerors are required to provide their offers/comments in the English language. Non-compliance may result in rejection of quotes.

Please return ONLY those pages where entries have been made.

CLAUSES INCORPORATED BY REFERENCE

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

DEC 2022

ADDENDUM TO CLAUSE 52.212-4

Addendum to Clause 52.212-4

Paragraph (a) Inspection/Acceptance: Inspection and acceptance will be performed at the address, shown in block 15 of the Standard Form 1449.

Paragraph (b) Assignment is replaced by DFARS 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS).

Paragraph (k) TAXES is replaced by Clause DFARS 252.229-7000 INVOICES EXCLUSIVE OF TAXES OR DUTIES.

CLAUSES INCORPORATED BY REFERENCE

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-34 Payment By Electronic Funds Transfer--Other Than System for Award Management

JUL 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer DEC 2022 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.229-7014 Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements

OCT 2022

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.246-7008 Sources of Electronic Parts JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

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

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

(c) Representations.

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

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

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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 contract will be awarded to the contractor based on the best value to the Government, with equipment quality, schedule and price considered.

In accordance with FAR 13.106-2, the Government will award a contract from this solicitation to the responsible offeror on a Comparative Evaluation basis. The Government reserves the right to award to an offeror with other than the lowest price.

The following factors shall be used to evaluate offers:

Factor 1: Relevant Past Experience. This factor evaluates the Contractor’s relevant past experience. Contractor shall provide proof of at least one instance in providing similar base life support (BLS) or life support area (LSA) on a Pacific Island within the last three (3) years. This proof may be a Government contract number with appropriate details or a pamphlet describing the support (pamphlet limited to 10 pages).

Factor 2: Equipment Specifications. This factor evaluates the Contractor's proposed equipment specifications to ensure that it meets the specifications as defined in Part 5 of the PWS.

Factor 3: Price

1. The total evaluated price shall be the sum of all CLIN/ELIN prices listed in the schedule. This amount will be the total evaluated price.

2. Currency: Offers submitted in response to this solicitation shall be in terms of local currency or U.S.

Dollars. The Government shall use the daily exchange rate of the solicitation closing date to convert local currency offers into U.S. Dollar for evaluation. Evaluation of foreign currency offers will be in accordance with FAR clause 52.225-17. All supporting documentation shall reflect the same currency established in the price quote. The offeror shall provide quoted amount without tax included.

3. Each offeror’s proposed price will be evaluated to determine whether it is fair and reasonable as per FAR 13.106-3

(b) Options. Not Applicable

(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.

ADDENDUM TO PROVISION 52.121-2

Addendum to Provision 52.212-2:

OFFERORS EARLIEST POSSIBLE PERFORMANCE START DATE

Performance will commence within ________ calendar days upon receipt of the order.

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

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

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

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

"Small business concern"--

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

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

CFR 121.103.

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

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of…