FA462020R0003 Combo RFP (REV 1).pdf

92d Contracting Squadron RFP FA462020R0003

COMBINED SYNOPSIS/SOLICITATION

92nd CES Boiler Maintenance

FA462020R0003

This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Subpart 12.6 and 15, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The Request for Proposal (RFP) number FA462020R0003 for 92nd CES Boiler Maintenance Services shall be used to reference any written proposal provided under this RFP.

The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular FAC 2020-04; Effective 15 January 2020.

This acquisition is a set-aside 100% for small business and will utilized the North American Industry Classification System (NAICS) code 811310 with a size standard of $8M and a PSC of J099. All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov.

Lack of SAM registration will make an offeror ineligible for award. The Unit Small Business Specialist is Mr. Michael Gilbert, at 509-247-4880; link to USAF Small Business, http://www.airforcesmallbiz.af.mil;

link to SBA, http://sba.gov.

The purpose of this combined synopsis and solicitation is for Boiler Maintenance Services at Fairchild AFB, WA in accordance with the attached Performance Work Statement (PWS). The contract CLIN structure is detailed below and shall be priced IAW Attachment 4--Pricing Worksheet and Labor Rate Worksheet.

ITEM

NO

DESCRIPTION QTY UNIT AMOUNT

0001 Boiler Mx Services (Transition) 4 MO *SEE PRICING SCHEDULE

Monthly Boiler Maintenance Services (Transition Period) at Fairchild AFB, WA between 1 October 2020 - 27 January 2021 IAW the attached Performance Work Statement (PWS).

FFP

FOB: Destination

DESCRIPTION QTY UNIT AMOUNT

0002 Boiler Mx Services 8 MO *SEE PRICING SCHEDULE

Monthly Boiler Maintenance Services at Fairchild AFB, WA between 28 January 2021 - 30 September 2021 IAW the attached Performance Work Statement (PWS).

FFP

FOB: Destination http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR12.DOC#s126 http://www.sam.gov/ http://sba.gov/

DESCRIPTION QTY UNIT AMOUNT

0003 Parts and Labor 1 LOT *SEE PRICING SCHEDULE

Parts and Labor - This CLIN includes replacement parts and labor IAW the PWS. This CLIN will be negotiated as a firm-fixed-price on a case-by-case basis. The contractor will only be allowed to bill for the amount agreed to for individual work orders.

All labor rates shall be in accordance with the attached labor rate worksheet. PoP 1 October 2020 - 30 September 2021.

DESCRIPTION QTY UNIT AMOUNT

1001 Boiler Mx Services 12 MO *SEE PRICING SCHEDULE

Monthly Boiler Maintenance Services at Fairchild AFB, WA between 1 October 2021 - 30 September 2022 IAW the attached Performance Work Statement (PWS).

DESCRIPTION QTY UNIT AMOUNT

1002 Parts and Labor 1 LOT *SEE PRICING SCHEDULE

Parts and Labor - This CLIN includes replacement parts and labor IAW the PWS. This CLIN will be negotiated as a firm-fixed-price on a case-by-case basis. The contractor will only be allowed to bill for the amount agreed to for individual work orders.

All labor rates shall be in accordance with the attached labor rate worksheet. PoP 1 October 2021 - 30 September 2022.

DESCRIPTION QTY UNIT AMOUNT

2001 Boiler Mx Services 12 MO *SEE PRICING SCHEDULE

Monthly Boiler Maintenance Services at Fairchild AFB, WA between 1 October 2022 - 30 September 2023 IAW the attached Performance Work Statement (PWS).

DESCRIPTION QTY UNIT AMOUNT

2002 Parts and Labor 1 LOT *SEE PRICING SCHEDULE

Parts and Labor - This CLIN includes replacement parts and labor IAW the PWS. This CLIN will be negotiated as a firm-fixed-price on a case-by-case basis. The contractor will only be allowed to bill for the amount agreed to for individual work orders.

All labor rates shall be in accordance with the attached labor rate worksheet. PoP 1 October 2022 - 30 September 2023.

DESCRIPTION QTY UNIT AMOUNT

3001 Boiler Mx Services 12 MO *SEE PRICING SCHEDULE

Monthly Boiler Maintenance Services at Fairchild AFB, WA between 1 October 2023 - 30 September 2024 IAW the attached Performance Work Statement (PWS).

DESCRIPTION QTY UNIT AMOUNT

3002 Parts and Labor 1 LOT *SEE PRICING SCHEDULE

Parts and Labor - This CLIN includes replacement parts and labor IAW the PWS. This CLIN will be negotiated as a firm-fixed-price on a case-by-case basis. The contractor will only be allowed to bill for the amount agreed to for individual work orders.

All labor rates shall be in accordance with the attached labor rate worksheet. PoP 1 October 2023 - 30 September 2024.

DESCRIPTION QTY UNIT AMOUNT

4001 Boiler Mx Services 12 MO *SEE PRICING SCHEDULE

Monthly Boiler Maintenance Services at Fairchild AFB, WA between 1 October 2024 - 30 September 2025 IAW the attached Performance Work Statement (PWS).

DESCRIPTION QTY UNIT AMOUNT

4002 Parts and Labor 1 LOT *SEE PRICING SCHEDULE

Parts and Labor - This CLIN includes replacement parts and labor IAW the PWS. This CLIN will be negotiated as a firm-fixed-price on a case-by-case basis. The contractor will only be allowed to bill for the amount agreed to for individual work orders.

All labor rates shall be in accordance with the attached labor rate worksheet. PoP 1 October 2024 - 30 September 2025.

Notice to offeror(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The government reserves the right to cancel this solicitation, either before or after the closing date and has no obligation to reimburse an offeror for any costs.

FAR Provision 52.212-1, Instruction to Offerors–Commercial Items (OCT 2018), applies to this acquisition and is incorporated by reference. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:

Addendum FAR 52.212-1, Instructions to Offerors–Commercial Items:

NOTE: All headings in bold are referencing back to the basic provision 52.212-1.

Paragraph (a); first sentence revised: The NAICS code is 811310 and size standard of $8M.

Paragraph (b); in addition to the required information provide the following with your proposal:

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1070_147634

Subparagraph (6); Complete the provided Pricing Schedule attached to this RFP (Attachment 4).

Both the “pricing worksheet” and “Labor Rate Worksheet” are included in the pricing schedule and both are required to be completed by offerors. Please make sure to include any discount terms if applicable.

Firm Fixed Priced proposal: The resultant contract will be Firm Fixed Priced, accordingly, pricing is not subject to revision and/or negotiation if selected for contract award. Proposals shall include pricing for all items in the Price Schedule and unit prices shall not be more than two (2) decimal places.

Subparagraph (8); All offerors must be registered and active in the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ at time of proposal submittal to be considered for award. Offerors must complete all necessary fill-ins and certifications in the on-line Representations and Certifications and return the provision FAR 52.212-3, Offeror Representations and Certifications

– Commercial Items para (b) along with the proposal. Contractors shall complete all provisions and clauses that require fill ins and provide them with their proposal.

DUNS Number/Cage Code: / Number of Employees/Total Yearly Revenue /

Subparagraph (9); Amendments - Offerors will acknowledge, sign, and submit all amendments to the solicitation with their proposal.

Subparagraph (10); PAST PERFORMANCE INFORMATION - All completed past performance questionnaires shall be submitted by the Past Performance Point of Contact (PP POC), upon completion, to the contracting officer and the contract specialist. Offerors shall submit recent and relevant contact information for a maximum of three (3) contracts for boiler maintenance services.

a) To be considered recent, for a particular contract or combination of contracts, services must have been and/or are currently being performed at any time within the last three (3) years from the date of issuance of this solicitation.

b) To be considered relevant, offerors must have performed boiler maintenance services similar to the services described in the PWS.

1. The offeror will be responsible for contacting the PP POC referenced in their proposal. The PP POCs will be requested to complete the Past Performance Questionnaire (Attachment 5) which must be submitted directly from PP POC to the contracting officer/specialist.

THE RESPONSIBILITY FOR PROVIDING THE QUESTIONAIRES TO THE PP

POCs AND VERIFY RECEIPT BY THE GOVERNMENT OF THE COMPLETED

QUESTIONNAIRES RESTS SOLEY WITH THE OFFEROR.

2. For each PP POC, offerors must provide the following information to the contracting officer/specialist:

• Company/Division name/Contracting Agency/Customer Name

• Name, address, and email

• Description of service provided (to include laundered items, quantities, locations)

• Contract number (if applicable) https://www.sam.gov/portal/public/SAM/

• Contract value

• Period of performance

Paragraph (c); first sentence revised as follows: The offeror agrees to hold the prices in its proposal firm for 120 calendar days from the date specified for receipt of proposals, unless another time period is specified in an addendum to the proposal.

A. To assure timely and equitable evaluation of the proposals, offerors must follow the instructions provided in FAR 52.212-1 and are required to meet all solicitation requirements; failure to meet a requirement may result in a proposal being ineligible for award. The government’s terms, conditions, and respective clauses contained within this solicitation are prescribed IAW the FAR, and are not subject to conditionally proposed revisions or changes requested by offerors.

Paragraph (f); Proposal must be sent as stated below, if proposals are provided by any other method, are incomplete, or missing required items the proposal may not be considered. If submitting via email, it is recommended a read/delivery receipt is attached to the email. In all cases the offeror is solely responsible for determining receipt of proposals by the government.

Paragraph (k); Technical Evaluation 1) Submit a written plan, see DFARS clause 252.237-7024 Notice of Continuation of Essential Contractor Services below, describing how the offeror will continue to perform the essential contractor services listed in the PWS during contingencies such as heightened Force Protection conditions or a pandemic. The approved written plan will be incorporated into the resulting contract. 2) Submit a written plan, stating current and or planned method to obtain boiler operator licenses sufficient to meet the requirements of PWS para 3.6. Boilers operators are required to be licensed in accordance with Spokane Municipal Code Title 10, Division II, Chapter 10.29, Article II, Section

10.29.020. The highest required operator licensure for each boiler plant is shown in Appendix 5 of the

PWS.

RFP due date/time: 12 May 2020/ 1:00 P.M. Pacific Daylight Time (PDT)

Email to: Clifford Dockter at clifford.dockter@us.army.mil and Zachery Ray at zachery.ray.2@us.af.mil.

Mail/Hand deliver to: ATTN: Mr. Clifford Dockter or Mr. Zachery Ray

92nd Contracting Squadron 110 W Ent Street Fairchild AFB, WA 99011

Note: If proposals are mailed or hand delivered, an electronic version of all documents must be provided at time of submission. Beware, “.zip” files are not an acceptable format for the Air Force Network and will not go through government email systems.

Pre-proposal Conference/Site Visit at Fairchild AFB

(a) A pre-proposal conference will be conducted at Fairchild AFB on 14-16 April 2020 at 8:00 AM PDT each day for the purpose of answering questions regarding this solicitation.

(b) Provide the name of attendee (not to exceed 1 per firm) along with contact information to Clifford Dockter, clifford.dockter@us.af.mil 509-247-8141 NLT 13 April 2020. Do not send social security numbers via email. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees. Due to security limitations for base access only U.S. citizens are allowed at the site visit.

mailto:zachery.ray.2@us.af.mil mailto:zachery.ray.2@us.af.mil mailto:zachery.ray.2@us.af.mil mailto:clifford.dockter@us.af.mil

(c) Offerors are requested to submit questions to the points of contact noted above not later than 20 April 2020 at 1:00 PM PDT. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing.

(d) A record of the conference will be made by the government and furnished to all prospective offerors.

The record will include meeting minutes, questions and answers.

FAR Provision 52.212-2, Evaluation-Commercial Items (OCT 2014)

(a) Pursuant to FAR 12.602 contract award will be made using competitive procedures IAW FAR 15.305.

The government will award a contract resulting from this RFP to the responsible offeror whose proposal, conforming to the RFP, will be most advantageous to the government, price and other factors considered.

The following factors shall be used to evaluate proposals:

Past Performance and Price

This evaluation will be conducted as a Subjective Trade-off; where Past Performance is approximately equal to Price. In addition offerors are required to provide the following:

Technical Evaluation Factor: Rated on a GO/NO GO basis.

1. Continuation of Essential Contractor Services Plan

2. Boiler Operating License Plan

(b) Options. The government will evaluate proposals for award purposes by adding the total price for all option periods to the total price for the basic requirement. The government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

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

FAR Provision 52.212-2, Evaluation-Commercial Items (OCT 2014), applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:

Addendum 52.212-2-Evaluation Commercial Items

Basis for contract award: The government seeks to award to the offeror whose proposal, conforming to the solicitation where the price is determined to be fair and reasonable, the Technical Evaluation Factors are rated “GO” and for which Past Performance has been determined to be Satisfactory or higher and represents the best value to the government. Under a subjective evaluation process, trade-offs will be permitted between price and past performance. The three (3) evaluation factors used to evaluate proposals are: Past Performance, Technical, and Price.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1130_159445

Evaluation steps:

Step 1: The government will review all proposal for compliance. A compliant proposal consists of a proposal that meets the government’s requirements identified in Addendum to 52.212-1. The offeror’s Continuation of Essential Contractor Services Plan and boiler licenses Plan meeting the requirements in PWS para 3.6. will be rated as GO/NO GO. Proposals that are not fully compliant or have a Technical Evaluation factor rated as “NO GO” may result in removal from consideration.

Step 2: Rank all acceptable proposals based upon offeror’s Total Evaluated Price (TEP) from lowest TEP to highest TEP.

Step 3: Evaluate lowest price offerors past performance and proceed in order of price until a past performance confidence assessment rating of a Substantial Confidence is achieved or all proposals have been evaluated.

Step 4: The government will make an award to the lowest priced responsible offeror that has technical evaluation factors that are rated “GO” and has a Substantial Confidence assessment rating. In the event that the lowest priced offeror does not have a Substantial Confidence assessment rating, the government reserves the right to make a best value award based on price, technical, and past performance to select the successful offeror. The government reserves the right to make award to other than the lowest priced technically acceptable offer.

Past Performance. The Past Performance evaluation is an assessment of the offeror’s ability to successfully perform the required effort. Services must have been and/or are currently being performed at any time within the last three (3) years from the date of issuance of this solicitation and;

The government will assign a relevancy rating for each recent past performance contract reference below.

Table 1. Past Performance Relevancy Ratings Method

References will be further evaluated to determine how well the offeror performed on the prior contracts.

Past Performance Information includes questionnaires responses and other information as described below. This evaluation will result in an assessment of the contractor’s proposal to determine the offeror’s overall Past Performance Confidence Assessment rating, see Table 2.

Table 2. Past Performance Confidence Assessment

Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Adjectival Rating Description Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Neutral Confidence

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance information rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance.

In the event that the government receives past performance information that is rated as Limited or No Confidence the government may contact the offeror to obtain additional information. The offeror will have an opportunity to respond to any overall unfavorable past performance, if not previously afforded the opportunity by the Government (e.g. CPARS)

Sources of Past Performance Information. In addition to the Past Performance Questionnaires (Attachment 5) completed by the points of contact listed in the proposal, the government will also utilize data independently obtained from other government and commercial sources. These sources may include, but are not limited to, Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of the contractors who are part of a partnership/joint venture or teaming agreement identified in the offerors proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontracting Reporting System (eSRS), and any other known sources not provided by the offeror.

NOTE: Completed questionnaires shall be emailed from PP POC to:

Clifford Dockter at clifford.dockter@us.af.mil and Zachery Ray at zachery.ray.2@us.af.mil.

Price Evaluation. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; the offeror may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

The government will evaluate prices submitted in the Pricing Schedule (Attachment 4) “Pricing Worksheet”. The government will multiplying the quantity by the proposed unit price for each Contract Line Item Number (CLIN) to reach a total price per CLIN. Then the total price per CLIN will be added together to reach a Total Evaluation Price (TEP). Failure to propose on all items on the schedule will render the proposal incomplete and potentially removed from further award consideration.

Note: Attachment 4 “Labor Rate Worksheet” will only be evaluated and used to establish labor rates for line items 0003, 1002, 2002, 3002, and 4002. The labor rate worksheet will not be included as an evaluation factor in determining an offerors TEP; however, the labor rates may be incorporated into the resulting contract.

Offerors should propose the best pricing to the government for each item in arriving at the most competitive price. Price information submitted in each offeror’s price proposal, as required by the mailto:zachery.ray.2@us.af.mil

Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items, will be evaluated to determine if proposed prices are fair and reasonable IAW FAR 15.402. Unbalanced pricing may pose an unacceptable risk to the government and may be a reason to reject an offeror’s proposal.

End of Addendum

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 offeror acknowledges that should the proposal 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 offeror terms and conditions and/or agreement are unenforceable and are not considered incorporated into any resultant contract.

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE DATE

52.203-3 Gratuities. 1984-04 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions.

2007-09

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights.

2014-04

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-7 System for Award Management. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.212-1 Instructions to Offerors-Commercial Items. 2018-10 52.212-3 Offeror Representations and Certifications Commercial Items Alt 1 2018-11 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.228-5 Insurance-Work on a Government Installation 1997-01 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.237-1 Site Visit 1984-04 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 52.242-13 Bankruptcy. 1995-07 252.201-7000 Contracting Officer's Representative 1991-12 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7005 Representation Relating to Compensation of Former DoD Officials. 2011-11 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7006 Billing Instructions. 2005-10 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2016-10 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1405_194946

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

2019-05

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. 2018-01 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous

Materials.

2014-09

252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and

Native Hawaiian Small Business Concerns.

2019-04

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.204-19 Incorporation by Reference of Representations And Certifications. (DEC 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-22 Alternative Line Item Proposal. (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications 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).

52.212-5 Contract Terms and Conditions Required to Implement (JAN 2020) Statutes or Executive Orders-Commercial Items

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L.

109-282) (31 U.S.C. 6101 note).

(5)[Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10)[Reserved].

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

(13)[Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Aug 2018) of 52.219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_252523041 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-8 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9

_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

_X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (29)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ii) Alternate I (July 2014) of 52.222-35.

_X_ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(ii) Alternate I (July 2014) of 52.222-36.

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

(45)(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

(47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

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(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(60)

(i) 52.247-64, Preference for Privately Owned…