D1 RFQ Combine Synopsis 22Q0013 .pdf
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- Solicitation number
- M6261322Q0013
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United States Marine Corps
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| D1 RFQ Cover Sheet 22-Q-0013.pdf |
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
This procurement is not a small business set-aside. Therefore, any responsible source may submit a quote. This is an OCONUS requirement: FAR 19.000(b) applies. The NAIC code is 624190.
This solicitation M62613-22-Q-0013 incorporated provisions and clauses are those in effect through Federal Acquisit ion Circular 2022-06 and Defense Federal Acquisit ion
Regulations Supplement Publication Notice (DPN) 20220623. THIS NOTICE
CONSTITUTES THE ONLY SOLICITATION.
Addendum to 52.212-1 Instructions to Offerors. The quote shall contain all requested products as the contract award will be made in aggregate. Therefore, any quote received without all products priced will be considered non-responsive.
Offerors are instructed to completely fill out the attached coversheet and return it along with your quote. Quotes submitted without the required coversheet will not be evaluated nor considered for award.
Offerors shall submit their response to this RFQ via email to seiko.tani. ja@usmc.mil no later than the Response Date: 26 Aug 2022, 11:00 AM Japan Standard Time (JST).
All questions must be submitted via email to seiko.tani.ja@usmc.mil no later than 23 Aug
2022, 3:00 PM Japan Standard Time (JST).
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781
Requirement, clauses and provisions, and misc. information.
PWS
PERFORMANCE WORK STATEMENT
ROMAN CATHOLIC COORDINATOR OF RELIGIOUS EDUCATION
MARINE CORPS AIR STATION IWAKUNI
1. GENERAL DESCRIPTION: The Catholic Coordinator of Religious Education (CRE) is contracted to provide religious education activities for Roman Catholic personnel aboard Marine Corps Air
Station Iwakuni (MCASI).
2. OBJECTIVE: To assist Catholic Chaplain(s) or Priest(s) assigned to MCASI in the delivery of religious education ministry to Roman Catholics who are entitled to the pastoral care of the
Archdiocese for the Military Services (AMS) in the MCASI Command Religious Program (CRP).
3. SCOPE OF WORK / CONTRACTOR REQUIREMENTS: Non-personal services. The
Contractor shall establish, implement, and maintain a comprehensive plan for Roman Catholic
Religious Education at MCASI in accordance with AMS guidance. Contractor Personnel shall perform the specific tasks in accordance with this Performance Work Statement under the supervision of the Contracting Officer and guidance of the MCASI CRP priest.
4. PRIMARY QUALIFICATIONS:
a. An undergraduate degree.
b. Evidence of religious educational experience. Complete all requirements mandated by the AMS to obtain certification as a CRE. Any expenses required by this process are the responsibility of the CRE.
c. Roman Catholic Priests’ or Chaplain’s recommendation letter.
d. At least 21 years of age.
e. Be able to speak conversational English.
f. Willing to be or already active in the Roman Catholic MCASI Chapel community.
4.1 ADDITIONAL QUALIFICATIONS:
a. Be able to function comfortably in a religiously diverse environment where people of other denominations and religions share the use of military chapels and worship spaces.
b. Be experienced with computers and software, to include Microsoft Word and e-mail.
c. Possess a civilian, working e-mail account.
d. Maintain a professional attitude and present a neat personal appearance at all times.
e. Contractor employees that are US Nationals must register in SPOT and be able to obtain SOFA status in accordance with DFARS 252.225-7976, Contractor Personnel Performing in Japan.
SOFA status and SPOT registration are not applicable to non-US Nationals.
f. Contractor employees will be subject to all U.S. Forces regulations and directives pertaining to civilian component personnel within the country.
5. GENERAL TASKS: The Contractor shall coordinate MCASI CRP Roman Catholic educational activities for all ages under the direction of the priest. The Contractor shall coordinate with local schools, community groups, and youth agencies to deconflict as much as possible MCASI Roman
Catholic educational activities with other activities. The Contractor shall implement promotional endeavors, maintain records of materials, order necessary items, and keep attendance of all activities in this program.
5.1 ROMAN CATHOLIC EDUCATION PROGRAMS
a. Coordinate and administer the Catholic Religious Education under the guidance, design and approval of a Catholic Chaplain or Priest in accordance with all policies and requirements listed in the AMS Catechist Manual, and Chapter 3, AMS Priests’ Manual.
b. Weekend Religious Education/ CCD- Organize and oversee weekly religious education, commonly on Sundays after Mass. Contractor will conduct or oversee approximately 40 meetings per year (schedule generally follows school year).
c. Rite of Christian Initiation of Adults (RCIA)- Coordinate registration, scheduling, and support for the RCIA program.
d. Adult Faith Formation- Coordinate registration, scheduling, and support for the Adult Faith
Formation program.
e. Weekly Studies- as directed by the priest.
f. Sacramental Events- Help priest with promotion, training, events, and records for special sacramental events such as catechism, first communion, reconciliation, and confirmation.
g. Vacation Bible School - As directed by the Contracting Officer, the Contractor will assist the
MCASI Chapel Staff with organization and conduct of week-long program designed to spiritually engage the children of MCASI.
5.2 ACTIVITIES AND REPORTING
a. Contractor requires access to government computers, IT equipment, and networks in order to meet requirements for reports, planning, and communication. The Contractor will be provided with a CAC card or token to access this equipment in performance of the position.
b. Planning - Contractor shall maintain a record of all proposed plans for special events. The plans shall outline objectives, locations, dates, times, budget, sponsor requirements, method of evaluating effectiveness, number of volunteers utilized, and number of persons attending each event. Each record shall also include the permission slips, power of attorney, etc., as required, for example off-station events requiring transportation. These plans shall be completed and submitted to the Command Chaplain or designated chaplain at least 90 days prior to the scheduled events.
c. After Action Reporting (AAR) - Provide a written after-action report for all events to include suggested changes, direction, trends, and problem areas. AARs are due to the Command Chaplain or designated chaplain within two (2) weeks of event completion.
d. Coordinate religious education registration of students and families, and maintain records of the registrations. Establish student rosters by grade, name, address and phone number of each student. Maintain attendance records for each grade, reporting total attendance to the Catholic
Chaplain/Priest or designated person weekly. Maintain sacramental records, as needed, relating to religious education events and notifying the AMS, as required.
5.3 VOLUNTEER ACTIVITIES
a. Recruiting and Training – Recruit, organize, and register adult volunteers as catechists (teachers) and arrange for training as needed to assist in the conduct of the education program. Selection of volunteers will be in accordance with procedures established by the contractor with consultation of MCASI CRP priest and AMS guidelines and approved by the Command Chaplain or designated RMT member. Volunteers shall be subject to completion of background checks.
b. Volunteer Roster - Maintain and update a volunteer roster to include name, address, phone number, military affiliation, utilization and role, training and hours volunteered to be accessible by the Command Chaplain or designated RMT member.
6. ADMINISTRATION
a. Forecasting - Forecast resources and budget requirements for projected/planned activities, on a quarterly basis, to include the procurement of supplies, literature and curriculum needed for the program. The Contractor shall be responsible for the submission of necessary paperwork for scheduling of facilities in support of programs and the arrangement of audiovisual equipment as needed.
b. Monthly Reporting - Submit monthly reports to the Command Chaplain or designated RMT member within one (1) week after the month’s end, outlining and evaluating activities and plans, the status of the programs, future scheduling, and any problems that may arise. This monthly report meets the AAR requirements on normally scheduled activities.
c. Annual Reporting - Provide an annual review of the Roman Catholic education program to the
Command Chaplain or designated RMT member during the month of September summarizing the year’s activities, trends, progress, and suggestions for improvement.
d. Advertising and Event Promotion - Draft and coordinate advertising, promotional bulletins, announcements, articles, flyers, and materials in a timely manner for all Roman Catholic education activities and events for publication and distribution. The use of free advertising will be employed as much as possible. The Command Chaplain shall preapprove any costs incurred for advertising before obligation.
e. Meetings - Maintain communication and cooperation with all personnel and parties involved in the MCASI CRP Roman Catholic education programs. Such activities include Chapel Staff
Meetings, and other meetings as needed.
7. DELIVERBLES:
a. Provide Roman Catholic education programs that include, but are not limited to: fellowship, religious studies, retreats, and religious activities subject to the approval of the Command
Chaplain or designated RMT member, under the guidance of the CRP priest.
b. Plan annual calendar of religious studies, functions, to include reserving appropriate chapel facilities. Disseminate information regarding policies, registration, calendars, letters, bulletins and other appropriate notices to the community.
c. After consultation with MCASI CRP priest, submit in writing all planning items listed above to the Chaplain or designated RMT member for approval no later than the 5th day of the second month after the effective date of the contract. No advertisement of proposed event or activity, either printed or verbal, will be released until approved.
d. Ensure that all necessary supplies needed for the programs entrusted to the CRE are ordered in a timely manner using the approved ordering system. Additionally, organize and maintain religious education books, resources, and materials in MCASI CRP provided space.
e. Ensure the completion and submission of records within the mandated deadlines to the Command
Chaplain or designated RMT member, and others as required.
f. Forward any concerns expressed by participants of the Roman Catholic education program and activities to the Command Chaplain or designated chaplain, and the CRP priest.
g. Ensure all facilities utilized for events are properly cleaned and reset prior to departure.
h. Ensure all facilities used are properly secured, to include all doors and windows, following the conclusion of events the Contractor oversees when chapel personnel are not present.
i. Below are estimated Service jobs for a full year in this contract. Service jobs do not directly represent number or duration of events. Actual workload varies from month to month according to the needs of the MCASI Roman Catholic Community, as directed by the contacting officer in response to operational tempo of the CRP.
Service Estimated job per year
Weekend Religious Education/ CCD 80
Rite of Christian Initiation of Adults (RCIA) 40
Adult Faith Formation 40
Weekly Studies 40
Sacramental Events 40
Special Events 30
Vacation Bible School 30
Volunteer Recruitment and Management 35
Administrative 50
Total Jobs 385
TOTAL AMOUNT
j. Become familiar with the basic Navy/Marine Corps instructions which provide guidance for a
CRP, to include but not limited to:
i. SECNAVINST 1730.7D - Religious Ministry Support in the Department of the Navy
ii. SECNAVINST 1730.8 (Series) - Accommodation of Religious Practices
iii. MCO 1730.6F- Religious Ministry in the Marine Corps
iv. MCASO P1730.1 (Series) Command Religious Program Standard Operating Procedures
8. SUPPLIES/MATERIALS
a. The Government will provide all necessary supplies and materials to the Contractor.
Nevertheless, the Contractor may submit requests for service-related material that will enhance the service. Such requests will be submitted to the appropriate chaplain, who will be solely responsible for approving/disapproving them. All requests are subject to availability of
Government funds and thus may be disapproved. Failure on the part of the Government to approve any such request does not relieve the Contractor from performing his/her duties under this contract.
b. Reimbursement cannot be made for any items purchased personally by the Contractor, even if related to the performance of his/her duties.
c. Items purchased with Government funds at the request of the Contractor remain the property of the Government.
d. Properly handle all Government supplied materials in accordance with the direction provided by the MCASI Command Chaplain and other RMT members. Additionally, the Contractor shall be responsible for the safety and upkeep of all Government property provided to them under this contract.
9. PERIOD OF PERFORMANCE. The performance period of this contract is as follows:
a. Basic Year Contract: 20 Sep 2022 to 19 Sep 2023
b. Option Year One: 20 Sep 2023 to 19 Sep 2024
c. Option Year Two: 20 Sep 2024 to 19 Sep 2025
10. LOCATION. The primary facilities for the services provided will located aboard MCASI. The contractor, upon assignment by the Government Representative, shall provide services in any chapel or approved facility located within the confines of MCASI or other facilities as directed by the
Contracting Officer.
11. LEAVE AND TEMPORARY ABSENCE. The Contractor shall notify the Contracting Officer or
Command Chaplain at least ten (10) working days in advance for all planned absences. Regular leave dates will not conflict with any portion of this contract, e.g., program dates. Exception can be requested for emergency leave. In the event of illness/emergency leave, the Contractor shall inform the Contracting Officer or Command Chaplain as soon as the situation becomes known.
12. PAYMENT
a. The Contractor shall submit an invoice on the first (1st) Monday of the next month following end of the month in which the services were rendered. If this day is a Federal holiday, the invoice will be submitted on Tuesday.
b. It is the Contractor’s responsibility to ensure that all invoices are submitted in a timely manner.
c. If this contract is terminated before a full month is completed, payment for the final period will be pro-rated for number of days worked.
13. SECURITY REQUIREMENTS
a. Background Checks: Federally mandated background checks will be performed in accordance with Public Law 101-647, Section 231 (Crime Control Act of 1990) and Department of Defense
Instruction 1402.5 (dtd 19 Jun 93), Criminal History Background Checks on all individuals working with this contract. The Contractor shall initiate all required forms and necessary information for the background check. These forms shall be submitted by the Contractor to the required sources. Background checks must be completed prior to personnel performing assigned duties under this contract.
b. The Contractor is responsible for obtaining a National Agency Check plus Written Inquires and
Credit Check (NACI) or equivalent for all individuals performing under this contract. This background check will require the completion of the SF-85 or SF-85P forms. The Contractor is responsible for all costs associated with these background checks. The Contractor shall ensure that these background checks are completed prior to personnel performing assigned duties under this contract.
c. The Office of Personnel Management (OPM) in Boyers, PA is recommended to process the background checks. In addition, it is recommended to use JPAS so background checks can be verified upon completion.
d. Identification and Base Passes. The Contractor shall obtain identification cards and base passes.
Application shall be coordinated through the Contracting Officer or designated representative. At the time of application, Security Forces may conduct a background check on the Contractor.
Upon termination of employment, the Contractor shall return identification cards and base passes to Security Forces within 24 hours.
e. The Contractor may make use of such worship and spaces as are needed in the conduct of this position. Space usage will be scheduled in advance of the activity per chapel building usage procedures.
f. The Contractor shall establish and implement a method of ensuring that all keys issued to the
Contractor by the Government are not lost or misplaced. These keys may not used by or loaned to any other person. The Contractor shall report immediately the loss of any keys. The Contractor shall not duplicate any keys.
g. The Government may, at its option, require the Contractor to replace lost keys or to reimburse the
Government for the re-keying or replacement of locks as a result of keys having been lost by the
Contractor. In the event that a master key is lost or duplicated, the Contractor shall be responsible for the total cost of replacing all locks and keys for that system.
h. Government Representative is Junsub Um, Lieutenant Commander, DSN: 253-3371, Junsub.um@usmc.mil.
SERVICE DELIVERY SUMMARY
Task Performance
Objective
PWS
Reference
Performance
Threshold
Surveillance
Method
Incentive
Weekend
Religious
Education/ CCD
Each study shall be completed on a weekly basis in a thirty (30) calendar day period.
Para 5.1 (b) All studies have been performed during the month.
Customer
Survey, Staff observation
Exercise
Option
Year.
RCIA Each study shall be completed as indicated by Roman
Catholic community need.
Para 5.1 (c) All studies have been performed during the month.
Customer
Survey, Staff observation
Exercise
Option
Year.
Adult Faith
Formation
Each study shall be completed as indicated by Roman
Catholic community need.
Para 5.1 (d) All studies have been performed during the month.
Customer
Survey, Staff observation.
Exercise
Option
Year.
Weekly Studies Each study shall be completed on a weekly basis in a thirty (30) calendar day period.
Para 5.1 (e) All studies have been performed during the month.
Customer
Survey, Staff observation
Exercise
Option Year.
Sacramental
Events
Events shall be completed as specified in the
SOW reference.
Para 5.1(f) All required events have been performed during each calendar year.
Customer
Survey, Staff observation.
Exercise
Option
Year.
Vacation Bible
School
(VBS)
Assist with organization and conduct yearly a weeklong elementary-age outreach event designed to engage spiritually the children of MCASI.
Para 5.1 (g) One (1) event completed within a one (1) year period.
Customer
Survey, Staff observation
Exercise
Option
Year.
Special Event
Planning, proposal, & After
Action Reporting
Plans completed at least ninety (90) days prior to scheduled event.
AAR w/in 2 weeks of event completion.
Para 5.2 (b) 100% of reports are submitted ninety
(90) days prior to scheduled event.
AAR with 2 weeks event completion.
Customer
Survey, Staff observation
Exercise
Option
Year.
Professionalism Punctual to all meetings and programs; will dress appropriately and carry him/herself as a professional.
Para 4.1d, 7(g,h)
Professional in appearance, language and attitude.
Customer
Survey, Staff observation
Exercise
Option
Year.
Administration Work products submitted within the time period specified in the
SOW references.
Para 6. (a, b, c, d)
100% of work products received within the time periods specified.
Customer
Survey, Staff observation
Exercise
Option
Year.
(End of Performance Work Statement)
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 385 Job Coordinator of Religious Education
FFP
Coordinator of Religious Education
The Contractor shall provide Coordinator of Religious Education services in accordance with the Performance Work Statement (PWS) on Marine Corps Air
Specify JPY or USD
FOB: Destination
MILSTRIP: M022092134848
PURCHASE REQUEST NUMBER: M022092134848
PSC CD: G099
NET AMT
1001 385 Job OPTION Coordinator of Religious Education
FFP
Coordinator of Religious Education The Contractor shall provide Coordinator of Religious Education services in
2001 385 Job OPTION Coordinator of Religious Education
FFP
Coordinator of Religious Education The Contractor shall provide Coordinator of Religious Education services in
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
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
/ CAGE
0001 POP 20-SEP-2022 TO
19-SEP-2023
N/A COMMAND CHAPLAIN'S OFFICE
MS SHIORI MINATO
CHAPLAIN'S OFFICE
PSC 561 BOX 1879
APO 936310-0019
253-4393
M02209
1001 POP 20-SEP-2023 TO
19-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 20-SEP-2024 TO
19-SEP-2025
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.204-2 Security Requirements MAR 2021
52.204-7 System for Award Management OCT 2018
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018
52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
NOV 2021
52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.204-25 Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-26 Covered Telecommunications Equipment or Services--
Representation.
OCT 2020
52.209-6 Protecting the Government's Interest When
Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
NOV 2021
52.212-3 Offeror Representations and Certifications--Commercial
Products and Commercial Services
MAY 2022
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2021
52.214-34 Submission Of Offers In The English Language APR 1991
52.217-5 Evaluation Of Options JUL 1990
52.222-50 Combating Trafficking in Persons NOV 2021 52.222-50 Alt I Combating Trafficking in Persons (NOV 2021)
Alternate I
MAR 2015
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.224-1 Privacy Act Notification APR 1984
52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017
52.225-13 Restrictions on Certain Foreign Purchases FEB 2021
52.225-14 Inconsistency Between English Version And Translation Of Contract
FEB 2000
52.232-19 Availability Of Funds For The Next Fiscal Year 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
NOV 2021
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.203-7005 Representation Relating to Compensation of Former
DoD Officials
NOV 2011
252.204-7000 Disclosure Of Information OCT 2016
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party
Contractor Reported Cyber Incident Information
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
252.204-7016 Covered Defense Telecommunications Equipment or
Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services --
Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7019 Notice of NIST SP 800-171 DoD Assessment
Requirements
MAR 2022
252.215-7008 Only One Offer JUL 2019
252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997
252.225-7041 Correspondence in English JUN 1997
252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States
JUN 2015
252.225-7048 Export-Controlled Items JUN 2013
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 252.244-7000 Subcontracts for Commercial Items JAN 2021
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror
Representations and Certifications-Commercial 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)
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV
2021)
(a)The Government will award a contract resulting from this solicitation to the responsible quoter/offeror
(Contractor) whose quote/offer conforming tothe solicitation will be most advantageous to the Government.
(1) The basis for award is PRICE AND OTHER FACTORS per FAR 13.106-1(a)(2).
(2) Evaluation procedures per FAR 13.106-2(b)
All quotations or offers will be ranked in order of lowest price to highest price. The lowest-priced quote shall be evaluated first. If the lowest-pricedquote/quoter; (i) conforms to all matters with respect to the solicitation; (ii) has satisfactory past performance and; (iii) provides a fair andreasonable price: then no other quotes/quoters will be evaluated for award.
Conforming to all matters with respect to the solicitation:
Quotes/Quoters must clearly demonstrate the quoted items meet or exceed the salient characteristics or extended description ofsupplies/services; must address each general and performance requirement with respect to the Performance Work Statement; must specifydelivery dates; and must meet all the terms and conditions of the solicitation.
Past Performance:
The apparent successful, prospective contractor shall have satisfactory past performance. Past Performance shall be evaluated in accordancewith FAR 13.106-2(b)(3)(ii) and DFARS 213.106-2(b)(i).
Contractors without a record of relevant past performance history may not be evaluated favorably or unfavorably for its past performance history. Contractorsare encouraged to submit letters of recommendation from other U.S. contracts.
Price:
Before making the award, the Contracting Officer will use FAR 13.106-3(a) to determine that the apparent successful, prospective contractorproposed price is fair and reasonable.
(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)Due to the interrelationship of supplies and/or services to be provided hereunder, the Government reserves the right to make a single award to the Offeror whose offer is considered in the best interest of the Government, price and other factors considered. Therefore, Offerors proposing lessthan the entire effort specified herein may be determined to be unacceptable.
(d)A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specifiedin the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government mayaccept 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 PRODUCTS AND COMMERCIAL SERVICES
(DEVIATION 2018-O0021) (MAY 2022)
(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 products or commercial services. 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 (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment. (NOV 2021) (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 (NOV 2021) (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 (MAY 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 (NOV 2021) (46 U.S.C.
55305 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 products and commercial services 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 within 30 days.
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 within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. 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 36 months.
52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)
If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using JP 106.4531 yen to a dollar, the
Government’s official budgetary exchange rate for fiscal year 2022 in effect as follows:
(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.
(b) For acquisitions conducted using negotiation procedures--
(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise
(2) On the date specified for receipt of proposal revisions.
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/
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):
https://www.acquisition.gov/
252.225-7976 CONTRACTOR PERSONNEL PERFORMING IN JAPAN (DEVIATION 2018-O0019)(AUG
2018)
(a) Definitions. As used in this clause—
“Commander” means the Commander of the United States Forces Japan (USFJ).
“Dependent” means spouse, and children under 21; and parents, and children over 21, if dependent for over half their support upon a member of the United States Armed Forces or civilian component.
“Law of war” means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses the international law related to the conduct of hostilities that is binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law.
“SOFA Article I(b) status” means a designation by the Commander of contractor personnel as Members of the Civilian Component under Article I(b) of the Status of Forces Agreement (SOFA), in accordance with agreement by the Joint Committee. To receive such a designation, an individual must—
(1) Be a United States national;
(2) Not be ordinarily resident in Japan (or if ordinarily resident, complete the procedures set forth in USFJ Instruction 36-2611 (Change of Status by Persons in Japan to One of the Categories Authorized by the Status of Forces Agreement, available at http://www.usfj.mil/Portals/80/Documents/Instructions/36-
2611%20(USFJI).pdf http://www.usfj.mil/Portals/80/Documents/Instructions/36-2611%20(USFJI).pdf http://www.usfj.mil/Portals/80/Documents/Instructions/36-2611%20(USFJI).pdf
(3) Be present in Japan at the official invitation of the United States Government and solely for official purposes in connection with the United States Armed Forces;
(4) Not have SOFA Article XIV status; and
(5) Be essential to the mission of the United States Armed Forces and has a high degree of skill or knowledge for the accomplishment of mission requirements by fulfilling the following:
(i) Has acquired the skill and knowledge through a process of higher education or specialized training and experience; or
(ii) Possesses a security clearance recognized by the United States to perform his or her duties; or
(iii) Possesses a license or certification issued by a U.S. Federal department or agency, U.S. state, U.S.
Territory, or the District of Columbia to perform his or her duties; or
(iv) Be identified by the United States Armed Forces as necessary in an emergent situation and will remain in Japan for less than 91 days to fulfill specialized duties; or
(v) Is an employee of a military banking facility; or
(vi) Is specifically authorized by the Joint Committee.
“SOFA Article XIV status” means designation by the Commander to persons, including corporations organized under the laws of the United States and its personnel, that are ordinarily resident in the United
States and whose presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States Armed Forces. Such designations are made in extremely limited circumstances and only after consultation with the Government of Japan. Article XIV designations are restricted to cases where open competitive bidding is not practicable due to—
(1) Security considerations;
(2) The technical qualification of the contractors involved;
(3) The unavailability of materials or services required by United States standards; and
(4) Limitations of United States law.
“SOFA-covered contractor personnel” means contractor personnel who have been designated as having
SOFA Article I(b) status or SOFA Article XIV status, which is documented on a Letter of Authorization
(LOA) signed by the Contracting Officer.
“SOFA status” means either SOFA Article I(b) status or SOFA Article XIV status or a dependent under
Article I(c).
“Status of Forces Agreement” means the “Agreement under Article VI of the Treaty of Mutual
Cooperation and Security between Japan and the United States of America, Regarding Facilities and Areas and the Status of United States Armed Forces in Japan,” dated January 19, 1960, and all supplementary agreements to the SOFA, including the agreement signed on January 16, 2017.
“United States national” means a citizen of the United States, or a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
(b) General.
(1) This clause applies to SOFA-covered contractor personnel when performing in Japan. The requirements of paragraph (c)(2) and (e)(1) of this clause must be specified in the statement of work to be applied to non-SOFA-covered contractor personnel.
(2) The Contractor shall comply with the instructions of the Contracting Officer concerning the entry of its personnel, equipment, and supplies into Japan, applicable Japanese laws and regulations, and USFJ and USFJ-component policies and instructions during the performance of this contract.
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