Combined Synopsis Solicitation 20QA007 Amendment 1.pdf

Combined Synopsis/Solicitation

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.

The solicitation number FA252120QA007 is a combined synopsis/solicitation for a commercial end product. This combined synopsis/solicitation is issued as an RFQ in accordance with FAR

PART 13. FA252120QA007 shall be used to reference any written quote provided under this request for quote.

The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2020-07 effective 02 Jul 2020, DFARS DPN 20200605 effective

5 Jun 2020 and AFFARS AFAC 2019-1001 effective 01 Oct 19.

This is a set-aside for 100% Small Business.

The North American Industry Classification System (NAICS) code for this project is 333415

(Air-Conditioning and Warm Air Heating Element and Commercial and Industrial Refrigeration

Equipment Manufacturing) with a size standard of 1,250 employees.

45 CES/CEOIH, Patrick Air Force Base (PAFB), FL requires a contract for the purchase only

(not installation) of the following items: This is a “Brand Name” only requirement.

Item Description Qty Unit of

Issue Total Amount

52Ton Trane, Air Cooled Trane Chiller

Model#CGAM052A2**2AXB2A1B1

A1-XXA1D1A2XXXXXXBxA3A1D

1X-L-X, for PAFB Building 732

EA

60Ton Trane, Water Cooled Chiller

Model # CGWR60 , One (1) Each for

PAFB Building 945.

EA

The Government intends to issue a firm fixed price (FFP) contract to the responsible Offeror whose lowest price and technically acceptable quote conforms to the solicitation. The

Government will not reimburse any interested parties for monies spent to provide a response to the subsequent solicitation notice. Only technically acceptable offers which meet salient requirements will be considered. The Government intends to evaluate offers and make award without discussions; however, this does not preclude the Government from having discussions if it is in the best interest of the Government. Include descriptive literature such as illustrations and drawings.

Salient Characteristics:

Item 0001: 52 Ton Trane Air Cooled Scroll Chiller

- Trane Model CGAM052A2**2AXB2A1B1A1-XXA1D1A2XXXXXXBxA3A1D1X-L-X

- Air-Cooled Scroll Packaged Chiller

- Startup Included - Trane Service must start equipment for warranty to be honored

- 52 nominal tons

- 60 hertz

- 208 volt 3 phases

- High efficiency/performance

- AHRI certified

- Factory installed flow switch - set point 60 cm/sec

- Factory insulation 1.25" - high humidity/low evaporator temperature

- Copper tube & aluminum fin Condenser Coil

- Corrosion protection for condenser coil and entire cabinet

- Circuit breaker-high fault rated control panel

- LON interface

- Variable flow for 30% change in flow per minute and maintain +/-2F off set point

- With water strainer factory installed

- Architectural louvered panels

- 10 year parts/labor/refrigerant warranty

Item 0002: 60 Ton Trane Water Cooled Scroll Packaged Chiller

- Trane CGWR Scroll 60 ton Water Cooled Chiller CGWR60

- Water cooled scroll chiller

- Shell and tube condenser

- 60 nominal tons

- Dual Circuit

- 208/60/3

- Factory installed disconnect

- LON interface

- High efficiency/performance

- AHRI certified

- Water regulating valve

- Flow switch

- Manufacture assisted startup

- Neoprene Isolator Pads

- Five year compressor parts warranty

Ship to address: Thomas Killion

45th CES/CEOI

Building 960

Patrick AFB, FL 32925

NOTE TO OFFERORS: In accordance with FAR 8.402(f), an ordering activity Contracting

Officer may combine open market items with General Services Administration (GSA) items;

therefore, if any item is applicable to (GSA) Contract Schedule please clearly labeled the item

GSA or open market. Include your GSA contract number for items, as well as expiration date of the contract.

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. The

Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

FAR Provision 52.212-1, Class Deviation 2018-O0018, Instructions to Offerors – Commercial

Items (Oct 2018) applies to this acquisition and the following addendum applies:

The following words stating "offer", "offeror", and "proposal" are replaced with "quotation", "vendor", and "quote". Paragraph (a) first sentence revised as follows: "The NAICS code and small business size standard for this acquisition appear above."

Paragraph (c) first sentence revised as follows: "The offeror agrees to hold the prices in its offer firm until 30 Sep 20."

GOVERNMENT PRIMARY/ALTERNATE POINTS OF CONTACT (POC's):

Manuel Zendejas at (321) 494-4494, manuel.zendejas.1@us.af.mil

Kimberly S. Horner at (321) 494-0447, kimberly.horner@us.af.mil

RFQ due date: 25 Aug 20

RFQ due time: 3:00 P.M. EST

Email to manuel.zendejas.1@us.af.mil and kimberly.horner@us.af.mil or mail to:

45th Contracting Squadron/PKAB

Attn: Manuel Zendejas

Subject: FA252120QA007

1201 Edward H. White II Street, MS 7200

Patrick AFB, FL 32925-3238

Note: zip files are not an acceptable format for the Air Force Network and will not go through our email system.

mailto:manuel.zendejas.1@us.af.mil mailto:kimberly.horner@us.af.mil mailto:manuel.zendejas.1@us.af.mil mailto:kimberly.horner@us.af.mil

All questions regarding this solicitation must be emailed to manuel.zendejas.1@us.af.mil by 1:00 P.M. EST 17 Aug 20

Please provide the following information with your quote:

RFQ: FA252120QA007

DUNS Number:

Cage Code:

Tax ID Number:

*Number of Employees

*Total Yearly Revenue

*Information required determining size of business for the NAICS referenced above

Estimated Delivery Time:

Payment Terms:

Warranty:

FOB (Select): X_ Destination Origin

Shipping Cost included? X_Yes No

To obtain or renew a DUNS number and/or CAGE code, please visit https://beta.sam.gov/.

All companies must be registered in the System for Award Management at https://www.beta.sam.gov/to be considered for award. The Government will not provide contract financing for this acquisition. Invoice instruction shall be provided at time of award.

Patrick Air Force Base (PAFB) and Cape Canaveral Air Force Station (CCAFS)

Directives:

- Must wear seatbelt at all times.

- Must possess valid registration and insurance for all vehicles entering installation.

- While on Patrick AFB or CCAFS, you are subject to Random Vehicle Inspections.

- Do not park in seeded areas (grass).

mailto:manuel.zendejas.1@us.af.mil mailto:charles.speed.2@us.af.mil mailto:charles.speed.2@us.af.mil mailto:charles.speed.2@us.af.mil http://www.beta.sam.gov/to

- Adhere to all traffic signs and right-of-way.

- Safely move to the side when emergency vehicles are responding with lights and sirens.

- No cell phone usage while operating a vehicle on Patrick AFB or on CCAFS.

PROVISIONS/CLAUSES: The following Federal Acquisition Regulation (FAR), Defense

Federal Acquisition Regulation Supplement (DFARS), and Air Force Federal Acquisition

Regulation (AFFARS) provisions and clauses apply to this solicitation and are incorporated by full text. The full text can be obtained via the internet at https://www.acquisition.gov.

FAR Provision 52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016).

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

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

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

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

(b) The Offeror represents that-

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

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a

Federal law within the preceding 24 months.

Pursuant to FAR 12.602 contract award will be made using Simplified Acquisition Procedures http://www.acquisition.gov/ in accordance with FAR 13.106, Offeror’s submissions will be evaluated based upon the following:

(1) Technical: quote must be rated as technically acceptable to be eligible for award. In order to be deemed technically acceptable, the salient characteristics listed in the solicitation must be met for the brand name.

Brand Name: The purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics are specified in the solicitation. To be considered for award, products of the brand name manufacturer, must meet the salient physical, functional, or performance characteristic specified in this solicitation, clearly identify the item by brand name and make or model number. Include descriptive literature such as illustrations and drawings.

(2) Price: Award will be made to the lowest price technically acceptable offer based upon salient characteristics.

Discussions: The government intends to award a purchase order without discussions with respective vendors/quoters. The government however, reserves the right to conduct discussions if deemed in its best interest.

FAR Provision 52.212-3, Offeror Representations and Certifications -- Commercial Items (Jun

2020), with its Alternate I (Oct 2014), applies to this acquisition and must be completed and sent with the proposal as a separate document. All offerors must be registered in System For Award

Management (SAM) at https://beta.sam.gov/ at the time of Quote submittal.

FAR clause at 52.212-4, Contract Terms and Conditions -- Commercial Items (Oct 2018), applies to this acquisition with the following Addendum: Paragraph (c) of this clause is tailored as follows: Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc., which may be changed unilaterally by the Government.

Note: The vendor acknowledges that should the quote or proposal's terms and conditions and/or agreement conflict with mandatory provisions of the Federal Acquisition Regulation

(FAR) and other Federal law applicable to commercial acquisitions, to the extent of such conflict the FAR and Federal law govern and conflicting vendor terms and conditions and/or agreement are unenforceable and are not considered incorporated into any resultant contract.

FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items (Jul 2020). Additionally, the following FAR clauses cited in 52.212-5 are applicable.

52.202-1 Definitions Jun 2020

52.203-5 Covenant Against Contingent Fees May 2014

52.203-7 Anti-Kickback Procedures May 2014

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

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations -

Representation Nov 2015

52.209-6 Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment Jun 2020

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015

52.211-6 Brand Name or Equal Aug 1999

52.212-1 Instructions to Offerors – Commercial Items (Dev 2018-O0018) Jun 2020

52.215.1 Instructions to Offerors - Competitive Jan 2017

52.219-1 Alt I Small Business Program Representation, Alt I Sep 2015

52.219-6 Notice Of Total Small Business Set-Aside (Dev 2020-O0008) Mar 2020

52.219-28 Post-Award Small Business Program Representation Oct 2018

52.222-3 Convict Labor Jun 2003

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End

Products Feb 2001

52.222-19 Child Labor – Cooperation with Authorities and Remedies Jan 2020

52.222-21 Prohibition Of Segregated Facilities Apr 2015

52.222-22 Previous Contracts and Compliance Reports Feb 1999

52.222-25 Affirmative Action Compliance Apr 1984

52.222-26 Equal Opportunity Sep 2016

52.222-36 Affirmative Action For Workers With Disabilities Jun 2020

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act Dec 2010

52.222-50 Combating Trafficking in Persons Jan 2019

52.223-5 Pollution Prevention and Right-to-Know Information May 2011

52.223-6 Drug-Free Workplace May 2001

52.223-11 Ozone Depleting Substances and High Global Warming Potential

Hydrofluorocarbons Jun 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

Jun 2020

52.225-3 Buy American Act—Supplies (May 14) Alternate I May 2014

52.225-13 Restrictions on Certain Foreign Purchases Jun 2008

52.225-18 Place of Manufacture Aug 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and

Certifications.

Jun 2020

52.232-1 Payments Apr 1984

52.232-8 Discounts for Prompt Payment Feb 2002

52.232-23 Assignment Of Claims May 2014

52.232-25 Prompt Payment Jan 2017

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management Oct 2018

52.233-1 Disputes May 2014

52.233-1 Alt I Disputes (Jul 2002) - Alternate I Dec 1991

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

52.243-1 Changes--Fixed Price Aug 1987

52.243-1 Alt II Changes--Fixed Price Alternate II Apr 1984

52.244-6 Subcontracts for Commercial Items Jun 2020

52.246-16 Responsibility for Supplies Apr 1984

52.247-34 F.O.B. Destination Nov 1991

52.249-1 Termination For Convenience Of The Government (Fixed Price)

(Short Form) Apr 1984

52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998

52.252-2 Clauses Incorporated by Reference Feb 1998

52.252-3 Alterations in Solicitation Apr 1984

52.252-4 Alterations in Contract Apr 1984

The following Defense Federal Acquisition Regulation Supplement (DFARS) clauses apply to this solicitation and are incorporated by reference:

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials Sep-2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

Nov 2011

252.203-7996 Prohibition Contracting With Entities That Require Certain

Internal Confidentiality Agreements—Representation

(Deviation 2016-O0003)

Oct-2015

252.203-7997 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements (Deviation 2016-O0003) Oct-2015

252.204-0001 Line Item Specific: Single Funding Sep-2009

252.204-7006 Billing Instructions Apr 2020

*252.204-7008

(DEV)

Compliance with Safeguarding Defense Information Controls Dec-2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting (DEV) Dec 2019

252.204-7015 Disclosure of Information to Litigation Support Contractors May-2016

252.211-7003 Item Unique Identification and Valuation Mar-2016

252.211-7008 Use of Government-Assigned Serial Numbers Sep-2010

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance

Information Retrieval System—Statistical Reporting in Past

Performance Evaluation

Sep 2019

252.223-7008 Prohibition of Hexavalent Chromium Jun-2013

252.225-7000 Buy American Statute—Balance of Payments Program

Certificate Nov-2014

252.225-7001 Buy American and Balance of Payments Program Dec-2017

252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings Jun-2011

252.225-7031 Secondary Arab Boycott of Israel Jun-2005

252.227-7015 Technical Data--Commercial Items Feb-2014

252.227-7037 Validation of Restrictive Markings on Technical Data Sep 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports Dec 2018

252.232-7010 Levies on Contract Payments Dec-2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel Jun-2013

252.239-7017 Notice of Supply Chain Risk Feb 2019

252.239-7018 Supply Chain Risk (Deviation 2018-O00020) Feb 2019

252.244-7000 Subcontracts For Commercial Items And Commercial

Components (DOD Contracts) Jun-2013

252.246-7003 Notification of Potential Safety Issues Jun-2013

252.246-7004 Safety of Facilities, Infrastructure, & Equipment for Military

Operations Oct-2010

252.247-7023 Transportation of Supplies by Sea Feb 2019

252.247-7027 Riding Gang Member Requirements May 2018

252.247-7028 Application for U.S. Government Shipping

Documentation/Instructions Jun-2012

Full text

252.209-7991

Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or Felony Conviction Under any

Federal Law --Fiscal Year 2016 Appropriations (Deviation

2016-00002)

Oct-2015

252.211-7003 Item Identification and Valuation Mar-2016

252.232-7006

Wide Area Workflow Payment Instructions

Dec-2018

The following AFFARS clauses are applicable to this solicitation:

5352.201-9101 Ombudsman (Oct 2019)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution.

Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-7competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, for USSFACQ (United States Space Force) acquisitions (excluding SMC acquisitions) please contact the Director of Contracts, Air Force Installation Contracting Center, Operating Location - Space (AFICC/KSOL-SPC) via the following e-mail workflow address:

afica.ks.wf@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy

Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington

DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

(End of clause)

5352.223-9001 Health and Safety on Government Installations. Nov 2012

PROVISIONS/CLAUSES: The following Federal Acquisition Regulation (FAR), provisions and clauses apply to this solicitation and are incorporated by full text (provisions and clauses may be obtained via the internet: https://www.acquisition.gov:

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment AUG 2020)

(a) Definitions. As used in this clause— mailto:afica.ks.wf@us.af.mil

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

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

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou

Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the

Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

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

Federal Regulations;

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

Federal Regulations, and controlled-

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

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

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

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization

Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after

August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR. 4.2104.

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

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

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

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

(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.

(End of clause)

52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--https://dibnet.dod.mil/ https://dibnet.dod.mil/ timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

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

(b) The Offeror represents that—

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

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a

Federal law within the preceding 24 months.

(End of provision)

52.219-28 Post-Award Small Business Program Rerepresentation (May 2020)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

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 the size standard in paragraph (d) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was any of the small business concerns identified in

19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within

30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in

19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry

Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award

Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the

Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

http://www.sba.gov/document/support--table-size-standards http://www.sba.gov/document/support--table-size-standards

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under

NAICS Code assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program.

[Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor 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 (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor 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.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern.[Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause. ] The Contractor represents that—

(i) It □ is, □ is not an EDWOSB 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 (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor 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.

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents 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 (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The

Contractor 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.

[Contractor to sign and date and insert authorized signer's name and title.] (End of clause)

52.225-18 – Place of Manufacture (Aug 2018)

(a) Definitions. As used in this provision—

Manufactured end product means any end product in product and service codes

(PSCs) 1000-9999, except-

(1) FPSC 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.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-

(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) □ Outside the United

States. (End of provision)

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 address:

https://www.acquisition.gov

(End of Provision)

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 addresses:

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/affars

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of

"(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DFAR (48 CFR CHAPTER 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

The following Defense Federal Acquisition Regulation Supplement (DFARS) clauses apply to this solicitation and are incorporated in full text:

DFARS 252.209-7997, Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction Under Any Federal Law – DOD

Appropriations (Deviation 2013-O0006) (Jan 2013)

(a) In accordance with section 101 (a) (3) of the Continuing Appropriations

Resolution, 2013, (Pub. L. 112-175) none of the funds made available by that Act for general appropriations for DoD may be used to enter into a contract with any corporation that— timely manner pursuant to an agreement with the authority responsible for collecting the tax http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/dfars http://www.acquisition.gov/affars liability, unless the agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

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

Government.

(b) The Offeror represents that—

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

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

DFARS 252.209-7998, Representation Regarding Conviction of a Felony

Criminal Violation under Any Federal or State Law (Deviation 2012-O0007)

(Mar 2012)

(a) In accordance with section 514 of division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under and Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension of debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.

The following Air Force Federal Acquisition Regulation Supplement (AFFARS) clauses apply and are incorporated in full text:

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (Oct 2019)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid, REAL ID-compliant driver’s license (will be marked with a star on the upper right corner) or other accepted government-issued photo identification (e.g., U.S. Passport, U.S.

Passport Card, Permanent Resident Alien Card, or other acceptable identification card issued by federal, state, or local government agencies), current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass. Questions can be addressed to the

Patrick AFB Visitor’s Center at 321- 494-0427, or to the Cape Canaveral Air Force Station

Visitor’s Center at 321-853-5261

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense para 7.2 and 7.15 and 45

Space Wing Integrated Defense Plan 31-1, Annex C to Appendix 6 and 7. At a minimum, Tier-1 investigations is required for unescorted entry into restricted areas and to obtain AF

Form 1199, Air Force Entry Control Card (Restricted Area Badge). Contractors requiring unescorted entry into controlled areas will require a background investigation with the 45

SFS Visitor Control Centers and coordination with the servicing unit’s Controlled Area

Monitor for EAL placement

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

2. CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS -

ADDITIONAL REQUIREMENTS (Jun 2020)

(a) Contractors must have an approved request letter on file at Security Forces with employees name and the required data.

(b) Subcontracts: The contractor shall include this Special Contract Requirement in subcontracts of any tier.

(c) Unescorted Access to Installations:

(1) To request access to Patrick AFB and Cape Canaveral AFS, prior to their proposed business or contract requirements, all contractor personnel shall provide a current completed

“45th Security Forces Credential Request Form”.

(2) Contractor personnel must complete and sign the applicable form cited above before the required background check (see d. and e. below) can be performed.

(d) All personnel entering Patrick AFB and Cape Canaveral AFS must provide two forms of identification (one must be a photo ID) and have a background check.

(1) For unescorted entry into non-restricted areas of the installations, personnel must obtain, from AF security personnel, favorable National Criminal Information Center (NCIC) check, and have complete social security employment verifications prior to being issued badges (to include temporary passes.

(2) Prior to being issued restricted area badges for unescorted entry into restricted areas of the installations, U.S. citizens working as contractor employees must obtain a favorable

National Agency Check (NAC).

(3) All required information shall be provided to support background checks, and citizenship verification (i.e., birth certificate, passport, voter registration…