Amendment_0003_Combined_Synopsis_and_Solicitation_-_F3PF1G9149AW01.pdf

Combined Synopsis/Solicitation No. F3PF1G9149AW01 – Amendment 0003

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

1. Solicitation number F3PF1G9149AW01 is issued as a Request for Quote (RFQ).

2. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition circular 2019-63, effective 12 Jul 2019, and DFARS Change Notice 20190628, effective 28 Jun 2018.

3. This acquisition is a 100% Small Business set-aside competitive acquisition in accordance with FAR Subpart 19.502-2. Interested vendors shall refer any and all eligibility questions to their respective Business Development Specialist at their respective servicing SBA District Office. The associated NAICS is 811310; size standard is $7.5M.

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

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

6. Nonpersonal Services: This requirement is for restoration and maintenance services for USAF Airman Heritage Museum (AHM). The services includes Inspection/Preparation, Painting, Cleaning, Unscheduled Maintenance services and shall ensure seventeen (17) Static Display Aerospace Vehicles (SDAVs) and related equipment are restored to original manufacturers or operational appearances and control/prevent metal corrosion or other forms of surface deterioration. The scope of work is defined by the Performance Work Statement (PWS) (Reference Atch 4).

7. Site Visit: A site visit is required prior to submission of quotes. The mandatory site visit will be held on Wednesday, 14 Aug 2019 at 01:00 PM (CST). Attendees will meet at the Lackland Parade Field Parking Lot, 2259 Bong Avenue, JBSA Lackland, TX 78263.

This will be the only site visit held. If interested in attending, please contact J. Chris Finkenstadt at john.finkenstadt@us.af.mil, 210-652-8429, Emily Deck at emily.deck@us.af.mil, 210-652-8524 and Nelda Lopez at nelda.lopez@us.af.mil, 210-652-8584 to confirm your attendance no later than (NLT) Monday, 12 Aug 2019 at 2:00 PM CST.

mailto:john.finkenstadt@us.af.mil mailto:emily.deck@us.af.mil

For base access email the name of your company, name of all individuals attending, date of birth, driver’s license no. and state of issue to J. Chris Finkenstadt, john.finkenstadt@us.af.mil, Emily Deck, emily.deck@us.af.mil, and Ms. Nelda Lopez at nelda.lopez@us.af.mil. Email all three (3) individuals on all future correspondence.

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

ADDENDUM TO FAR 52.212-1 QUOTATION PREPARATION INSTRUCTIONS

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

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

(c) Address any questions, clarifications or concerns you may have via email to: J. Chris Finkenstadt at john.finkenstadt@us.af.mil and provide a copy to Ms. Nelda Lopez, nelda.lopez@us.af.mil.

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

(e) The quote shall be clear, concise, and shall include sufficient detail for effective evaluation of the Quoter’s capabilities and for substantiating the validity of stated claims. The quote shall not simply rephrase, reiterate, or restate the Government’s own language, but rather shall provide convincing rationale describing how it intends to fulfill the requirement. Legibility, clarity, and coherence are very important. Provide as specifically as possible the actual methodology you would use for accomplishing and satisfying the requirements. The Quoter shall assume that the Government has no prior knowledge of its capabilities, facilities and experience, and will base the evaluation on the information submitted in the quote.

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

ADDENDUM TO FAR 52.212-2 EVALUATION PROCEDURES

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

(a) Best value determination will be based on a Lowest Price Technically Acceptable approach.

The Government will award a single contract resulting from this RFQ to the responsible quoter whose services are technically acceptable, quotes the lowest overall price, and has a past performance rating of acceptable and is deemed responsible. The following factors shall be used to evaluate quotes:

mailto:john.finkenstadt@us.af.mil mailto:emily.deck@us.af.mil mailto:nelda.lopez@us.af.mil mailto:john.finkenstadt@us.af.mil mailto:nelda.lopez@us.af.mil

(i) Technical

(ii) Price

(iii) Past Performance

(b) The quote shall be clear, concise, and shall include sufficient detail for effective evaluation of the Quoter’s capabilities and for substantiating the validity of stated claims. The quote shall not simply rephrase, reiterate, or restate the Government’s own language, but rather shall provide convincing rationale describing how it intends to fulfill the requirement. Legibility, clarity, and coherence are very important. Provide as specifically as possible the actual methodology you would use for accomplishing and satisfying the requirements. The Quoter shall assume that the Government has no prior knowledge of its capabilities, facilities and experience, and will base the evaluation on the information submitted in the quote.

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

(d) Responses shall be limited to 10 pages. Total page count will be based on the printed proposal submission. If page limitation is exceeded, excess pages will not be read nor considered in the evaluation of the proposal. A page is defined as each face of an 8.5 x 11-inch sheet of paper containing information. All information except for document numbers, page number, etc., shall be provided in an image area with no less than one inch in margin. Two page may be printed back-to-back on one sheet of paper. However, this will be considered two (2) pages for the purpose of page count. The pricing information will not be counted as a page for the technical factor.

(e) The evaluation process shall proceed as follows:

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

2. Evaluation Standard: A technically acceptable rating is met when the quoter provides a sufficiently detailed technical approach that clearly demonstrates the ability to perform the Inspection/Preparation, Painting, Cleaning and Unscheduled Maintenance services as specified in the PWS.

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

Rating Description Acceptable Quote clearly meets the requirements of this factor.

Unacceptable Quote does not clearly meet the requirements of this factor.

2. Price:

The Government will evaluate the price quotes, and any other relevant quote data submitted, to determine if proposed prices are reasonable. A quoter’s proposed prices will be determined by multiplying the quantities identified in the Schedule of

Supplies/Services (Atch 3) by the proposed unit price for each CLIN. Quoter’s must insert the total price for CLINs 0001-0003, from Attachment 3 – Table B, into Attachment 3 – Table A corresponding CLIN. The extended amounts for each CLIN will then be totaled, within Table A, to obtain the total for the performance period.

Incomplete Schedule of Supplies/Services or quotations could indicate lack of understanding of the requirement and may result in the entire quotation being determined unacceptable or eliminated from further consideration. All proposed prices for the contract period will be evaluated for reasonableness, which may be determined based on prices submitted by the competition, historical pricing, current market conditions, comparison to the Independent Government Estimate, and/or other price analysis techniques. The government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness. The government intends to award based on initials responses, therefore, you are encouraged to quote your most advantageous pricing to include discounts in your initial response.

3. Past Performance

(a) The Government will evaluate the extent of quoter(s) performance deemed recent and relevant to the requirements of this RFQ. The Government will use information submitted by the quoter and any other sources of information available to the Government to assess the past performance record as acceptable or unacceptable.

Recency - Present and Past performance efforts will first be evaluated for recency. To be recent, some portion of the performance effort must have occurred within the last three years prior to the issue date of the RFQ. Performance not qualifying as recent will be determined unacceptable or eliminated from further consideration. Non-recent performance will not be evaluated for relevancy or quality of performance.

Relevancy - The Government will next evaluate the relevancy of performance that qualified as recent. Relevant performance includes performance of efforts that are similar or greater in scope, magnitude and complexity for the effort described in this RFQ. Performance qualifying as relevant will be categorized as Relevant or not relevant. Performance that does not meet the definition of relevant will not be evaluated for quality of performance. The relevancy definitions are as follows:

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

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

Provide a list of at least one (1), but no more than three (3) of the most recent and relevant contracts performed for Federal agencies and commercial customers within the last (3) years from the issue date of this RFQ or currently being performed.

Relevant contracts include contracts similar or greater in scope, magnitude and complexity than the effort described in this RFQ. Contracts that are not recent or relevant will be determined unacceptable. The Government will attempt to contact previous customers to determine if the performance was acceptable or unacceptable.

Furnish the following information for each reference listed.

(i) Company/Division name

(ii) Product/Service

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

(iv) Contract number

(v) Contract Dollar Value

(vi) Period of Performance

(b) Past performance will be rated as acceptable/unacceptable based on the response from the references provided. The Government reserves the right to utilize past performance information gained from other sources (i.e., past performance databases, other Government sources, etc.) to aid in evaluating past performance.

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

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

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

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

http://www.sam.gov/

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

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

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

14. Additional contract requirement(s) or terms and conditions: See attached

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

16. Independent consultation with Government Officials concerning the project requirements is prohibited since evaluation of quotations will be based on requirements stated in the Request for Quotation. Industry Generated Questions regarding the design, coordination, or interpretation of RFQ requirements during the solicitation phase shall be in writing and directed to the Contract Specialists, J. Chris Finkenstadt, at john.finkenstadt@us.af.mil, Emily Deck, at emily.deck@us.af.mil with a courtesy copy to Ms. Nelda Lopez at nelda.lopez@us.af.mil no later than 19 Aug 2019 at 1:00 PM (CST). Questions submitted after the question due date will not be accepted.

17. Complete quotation is due NLT 11:00 AM (CST) on 22 Aug 2019. Deliver to 502 CONS/JBKCB electronically, ATTN: J. Chris Finkenstadt, john.finkenstadt@us.af.mil, Emily Deck, emily.deck@us.af.mil and Ms. Nelda Lopez, nelda.lopez@us.af.mil. It is each contractor’s responsibility to ensure their quote and all data is complete and IAW the RFQ.

The government assumes no responsibility for late or incomplete responses to the RFQ. Late responses will be processed IAW FAR 52.212-1(f).

18. POC: J. Chris Finkenstadt, 210-652-8429, john.finkenstadt@us.af.mil, Emily Deck, 210- 652-8524, emily.deck@us.af.mil and Ms. Nelda Lopez, 210-652-8584, nelda.lopez@us.af.mil.

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

6 Attachments:

1. Applicable Clauses and Provisions

2. Additional Information

3. Schedule of Supplies/Services

4. Performance Work Statement (PWS)

5. Performance Assessment

6. SCA Wage Determination No. 2015-5253 Rev. 9 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1623_228226 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1815_266657 mailto:john.finkenstadt@us.af.mil mailto:emily.deck@us.af.mil mailto:john.finkenstadt@us.af.mil mailto:emily.deck@us.af.mil mailto:nelda.lopez@us.af.mil mailto:john.finkenstadt@us.af.mil mailto:emily.deck@us.af.mil mailto:nelda.lopez@us.af.mil

ATTACHMENT 1

APPLICABLE CLAUSES AND PROVISIONS

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2006 52.203-18 Prohibition on Contracting with Entities that Require

Certain Internal Confidentiality Agreements or Statements--Representation

JAN 2017

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

JAN 2017

52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code

JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

52.204-20 Predecessor of Offeror JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors – Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions – Commercial Items OCT 2018 52.219-6 Notice to Total Small Business Set-Aside. (Deviation

2019-O0003)

NOV 2011

52.219-13 Notice of Set-Aside of Orders NOV 2011 52.219-14 Limitations on Subcontracting. (DEVIATION 2019-

O0003)

JAN 2017

52.222-41 Service Contract Labor Standards AUG 2018 52.222-44 Fair Labor Standards Act and Service Contract Labor

Standards -- Price Adjustment

MAY 2104

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection of Government Buildings, Equipment, and

Vegetation

APR 1984

252.201-7000 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

SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors FEB 2019 252.204-7006 Billing Instructions OCT 2005

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

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

MAY 2016

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

MAY 2019

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

MAR 2018

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

Defense Contractors

JAN 2018

252.225-7001 Buy American and Balance of Payments Program DEC 2017 252.225-7002 Qualifying Country Sources as Subcontractors DEC 2017 252.225-7012 Preference for Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items and Commercial

Components

JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

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

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing--

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

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

(c) Representation. The Offeror represents that--

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.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

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

(4) For equipment, 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).

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2019)

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

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

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

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

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

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

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

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

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

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

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

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

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

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

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

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

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

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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

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

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

(i) technical;

(ii) price;

(iii) past performance (see FAR 15.304);

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

(End of Provision)

52.212-3 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL ITEMS (OCT 2018)

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 (u)) of this provision.

https://www.sam.gov/

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

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

“Forced or indentured child labor” means all work or service—

(6) 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

(7) 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.

“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” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“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 a parent corporation.

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

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

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 http://www.sam.gov/ months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in

13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;

and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the…