FA480022Q0001 Combined Synopsis_Solicitation 29 Dec 21.pdf

Combined Synopsis/Solicitation Solicitation Number: FA480022Q0001 Title: Joint Base Langley-Eustis Local Telecommunications Services

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

The Request for Quotation (RFQ) number FA480022Q0001 shall be used to reference any written quote provided under this RFQ.

The RFQ document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-01 effective December 6, 2021, Defense Federal Acquisition Regulation Supplement DPN effective 30 November 2021, and Air Force Federal Acquisition Regulation Supplement AFAC 2021- 0726 effective 26 July 2021.

This acquisition will utilize full and open competition; there are no set asides for small businesses.

The North American Industry Classification System (NAICS) code for this project is 517311 with a size standard of less than 1,500 employees.

The purpose of this combined synopsis and solicitation is to provide all transmission facilities, equipment, materials, maintenance, test equipment, and design layout needed to perform and provide local access and transport services and functions at the designated demarcation point for Joint Base Langley-Eustis and Fort Story for the period 1 May 2022 thru 30 April 2027 (base year plus 4 option years) in accordance with the attached Performance Work Statement (PWS). The price schedule and contract CLIN schedule are Attachment 2.

*****Notice to Vendor(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this RFQ until funds are available. The Government reserves the right to cancel this RFQ, either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse a vendor for any costs. Reference FAR 52.232-18 Availability of Funds IAW 32.706- 1(a)*****.

*FAR Provision 52.212-1, Instructions to Offerors – Commercial Items (Jan 2020) applies to this acquisition and the following addendum applies:

Addendum to FAR 52.212-1 Instructions to Offerors - Commercial Items

1. The purpose of these instructions is to prescribe the format of the quotes in response to this RFQ and describe the approach for the development and presentation of the request for quote data. This is designed to ensure the essential information required for evaluation is submitted.

2. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial quotes, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists, no additional cost information will be requested or required. However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists, quoters may be required to submit information, other than certified cost or pricing data, to the extent necessary for the contracting officer to determine the reasonableness and http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1070_147634 affordability of the price.

3. To assure the timely and equitable evaluation of quotes, quoters shall follow the instructions contained herein.

Quoters are required to meet and address all of the requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in a quote being deemed ineligible for award. Quoters must clearly identify any exception to the terms and conditions and provide complete accompanying rationale. The quotes when submitted, shall be comprehensive, complete, self-sufficient, and respond directly to the requirements of the RFQ. Elaborate artwork, expensive paper/binding and expensive visual aids are neither necessary nor desired.

a. The RFQ responses shall consist of:

(1) Price Volume

(2) Technical Volume

(3) Past Performance

b. All pages of each part shall be numbered. The volumes will be Times New Roman 12 pitch and no larger than 8 1/2" x 11" paper, (when printed) except for fold-outs used for charts, tables or diagrams, which may not exceed 11" x 17". Each volume shall contain a cover sheet, clearly marked with the RFQ number, title, and the quoter's name and CAGE Code or DUNS. The technical volume shall not contain any price data or reference to price.

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

d. Include a statement in the quotes that it contains proprietary information for your company and cannot be released outside the Government.

e. Failure to comply with these instructions may result in the quoter's submission being summarily rejected. Any commitments made in the quotes shall become part of the resultant contract.

4. VOLUME I - PRICE VOLUME

This volume shall include only the prices complying with pertinent state, local and federal guidelines.

Contractor shall using the Schedule B pricing schedule at attachment 2, provide their unit pricing for each description of service for all base and options years. The base and option tabs should auto populate the pricing summary table. The contractor is responsible to verify totals calculated correctly. All unit prices shall be rounded to the nearest hundredth of a cent (i.e. $.01); rounding errors will not be accepted.

Under this contract, the contractor will submit quotes to price government Communication Work Orders (CWO) when government request a service be added/moved/removed. The unit pricing provided above shall be the firm fixed price for future service changes on CWO. As part of your submission for this solicitation, you shall provide a sample/draft version of your firm’s standard quote form that you intend to use during the contract. Over the course of the contract, the contractor may adjust quote formatting to facilitate business needs or pricing tool changes. However, any changes shall 1) provide the information required IAW the PWS and 2) shall not include any language that attempts to limit any government’s right under FAR.

Government recognizes your industry may limit what is included in a standard installation for service change. In your pricing volume, you will identify your firm’s definition of a standard installation for service adds/moves/removals and any charges for standard installations.

https://www.sam.gov/portal/public/SAM/

In your pricing volume, you will identify your firm’s definition of a non-standard installation for service adds/moves/removals. If your firm intends to charge for non-standard installations, your pricing volume shall contain a table or list of Firm Fixed Prices (FFP) for the most common billable equipment used for non-standard installations. For example, if your firm considers the use of a trencher as non-standard installation you would provide the unit price for each measure of use (i.e. Hours/Feet). Additionally, you will include the labor class/hourly rate charged to the government for labor on a non-standard installation. For example Senior Technician and Junior Technician. Include the price for the base and all option periods.

This non-standard price list will be evaluated under this solicitation and the resulting pricing table will be in effect for CWO quotes for the duration of the contract.

5. VOLUME II - TECHNICAL VOLUME

Each quoter shall submit a technical volume as part of their quotes, which shall address the technical criteria listed below. The contractor's quotes shall clearly demonstrate the ability to meet all requirements of the Performance Work Statement (PWS). The technical volume shall be limited to no more than 25 pages. The cover sheet is not included in the page limit; however all pages after the cover sheet will count toward the page limit to include table of contents, abbreviation tables, etc. Pages exceeding 25 will be removed from the technical package and will not be evaluated.

Each quoter shall submit information clearly identifying how they will meet the following technical criteria:

Factor 1 – Provider Capability Provide evidence of being a telecommunications company that owns most of its own facilities such as switching equipment, transmission lines and infrastructure, having the capability to provide Primary Rate Interfaces (PRI), Direct Inward Dial (DID), and number portability. Provide documented evidence of all interconnection agreements and/or leasing arrangements relevant to this effort.

Factor 2 –Local Communication Services. Present a sound approach for providing local communication services detailed by a SITE-SPECIFIC diagram and descriptive legend that clearly illustrates the Offeror’s ability to meet all PWS and Appendix 1 requirements. Reference generic example diagram in Appendix 1.

Example of cable record

Factor 3 – Enhanced 911 Services. Provide a discussion of how the Offeror will interface and comply with

State 911 requirements, including Automatic Number Identification (ANI) and Automatic Line Identification (ALI) database updates. The Offeror shall demonstrate how a stable and reliable route will be secured to the 911 bureaus serving the site.

Factor 4 -- Diversity. Provide a pictorial sketch and legend, which shows connectivity for alternate routing/diversity for the site. At a minimum, provide a diagram showing two geographically separated communication pathways on to Langley AFB and Ft Eustis. The Offeror shall provide a discussion of the proposed methodology to accomplish diversity.

Factor 5 – Provide evidence of being capable to meet timelines specified in the PWS for initial cutover and follow-on timelines. Provide evidence of being able to provide thorough records as listed in the PWS. Provide sample of documents required under paras 3.1.1.1 thru 3.1.1.4.

Factor 6 – Provide evidence of physical security compliance with NIST standards as applicable through F Terms and Conditions attachment. For example, company policies for securing manholes and other items required under

NIST.

If your firm intends to propose use of any Terms and Conditions (T&C) used in your normal commercial business practices, your quote shall include a dated hard copy attachment of T&Cs in your quote. The government will not accept a caveat in your quote directing us to T&C’s posted on your firm’s website that are subject to change. If government accepts any of the T&C’s submitted, they will included as an attachment to the contract.

6. PAST PERFORMANCE

Past performance shall be evaluated in accordance with FAR 13.106-2(b)(3)(ii). The past performance information to be evaluated on each quoter will be information available in CPARS and any other sources identified by the quoter or the Government. Quoter shall provide three (3) contract references for past performance.

7. GENERAL INFORMATION

a. INFORMATION REGARDING SUBMISSION OF THE QUOTES. Below is a list of events and items that are needed to be submitted to the contracting office via email by the dates specified. (No Exceptions):

• Vendor site visit request NLT 7 Jan 22

• Submit base access request 10 Jan 22

• Site visit 0900 hrs 13 Jan 22

• Site visit questions due 18 Jan 22

• All quotes due 1600 EST 3 Feb 22

In no event shall failure to inspect the site constitute grounds for a claim after contract award IAW FAR 52.237-1.

b. Faxed or mailed proposals WILL NOT be accepted. Quotes shall be e-mailed to the issuing office of this combo synopsis/solicitation to the attention of Mr. Lester Yearwood and Mr. Chet Terrill. The offeror will need to confirm receipt of proposal. For questions, please contact Mr. Lester Yearwood, 757-764-2241, or lester.yearwood.1@us.af.mil and Chet Terrill, 757-764-2313 or chester.terrill@us.af.mil.

c. Late RFQs will be processed in accordance with FAR 52.212-1(f) "Late submission, modifications, revisions, and withdrawals of quotes."

mailto:lester.yearwood.1@us.af.mil mailto:chester.terrill@us.af.mil

FAR 52.212-1 Paragraph (c), Period of Acceptance of Offers, is hereby tailored to read as follows:

Period for Acceptance of Offers. The quoter agrees to hold the prices in its quotes for 180 calendar days from the date specified for receipt of quoters.

(End of Section)

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

Please provide the following information with your quote:

Company Name: _____________________________

POC: Email: phone number:

DUNS Number: Cage Code:

Pursuant to FAR 12.602 contract award will be made using Simplified Acquisition Procedures in accordance with FAR 13.106. Award will be made to the lowest priced technically acceptable vendor with Acceptable Past Performance. Vendor’s quote will be evaluated based upon the following:

1. Price

2. Technical Acceptability

3. Past Performance

All quoters will be ranked by total contract price from low to high. Technical and Past Performance will be evaluated on an "Acceptable/ Unacceptable" basis. Quoters shall receive an "Acceptable" rating for both Technical and Past Performance in order to be eligible for award. The government will evaluate the two (2) lowest priced quoters for technical acceptability, past performance acceptability and price reasonableness.

Should the two lowest priced quoters not receive an acceptable technical and past performance rating the process will continue in order of price until two (2) quoters with acceptable technical and past performance rating and fair and reasonable price are identified. Award will be made to the quoter with the lowest proposed price and receiving an "Acceptable" rating for both Technical and Past Performance.

Quoters are cautioned to submit sufficient information and in the format specified in these preparation instructions. Quoters may be asked to clarify certain aspects of their proposal or respond to adverse past performance information to which the quoter has not previously had an opportunity to respond.

By submission of its quote, in accordance with the instructions in clause 52.212-1 "Instructions to Offerors", the quoter accedes to all solicitation requirements, including terms and conditions, representations and certifications, and Performance Work Statement requirements. All quotes shall be treated equally for technical portions and performance records. Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The evaluation process shall proceed as follows:

Options. Both the solicitation and resultant contract shall contain FAR Clause 52.217-9 titled “Option to Extend the Term of the Contract” and Addendum to FAR Clause 52.212-4 Contract Terms and Conditions— Commercial Products. Addendum to FAR Clause 52.212-4 allows for up to an additional six-month continued contract performance if required. Interested vendors shall not include pricing in their quote for this clause as fifty percent (50%) of the last option period shall be used for the pricing only if an extension is required.

A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror by the Government 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 a offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

EVALUATION OF PRICE

Price will be evaluated using techniques established in FAR 13.106-3(a)(1) to ensure the Government receives a fair, reasonable and balanced price. If the Government cannot determine the proposed pricing to be fair and reasonable, other than cost and pricing data will be obtained from the quoters. There is a great expectation of competition for this requirement; quoters are cautioned to present their best price quote up-front. Price quotes shall represent the quoters best effort to respond to the solicitation.

Total Evaluated Price (TEP): The Government will evaluate quotes for award purposes by adding the total price for all CLINS including basic period, option years, and fifty percent (50%) of the last option period price to cover the option to extend services IAW clause 52.212-4.

NOTE: Evaluation of the option periods shall not obligate the Government to exercise such options.

Materially Unbalanced Quote: If the contracting officer sees a wide variation in prices, the contracting officer can consider the need to amend the solicitation or ask the vendor(s) appropriate questions.

Unbalanced pricing poses an unacceptable risk to the Government and may be a reason to reject a quote.

EVALUATION OF TECHNICAL

The technical rating reflects the degree to which the quoters technical volume meets or does not meet the minimum performance or capability requirements. The focus is on the ability of the quote to meet the minimum requirements of the PWS. Each quoter shall submit information clearly identifying how they will meet the following technical criteria:

Factor 1 – Provider Capability Provide evidence of being a telecommunications company that owns most of its own facilities such as switching equipment, transmission lines and infrastructure, having the capability to provide Primary Rate Interfaces (PRI), Direct Inward Dial (DID), and number portability. Provide documented evidence of all interconnection agreements and/or leasing arrangements relevant to this effort.

Factor 2 –Local Communication Services. Present a sound approach for providing local communication services detailed by a SITE-SPECIFIC diagram and descriptive legend that clearly illustrates the Offeror’s ability to meet all PWS and Appendix 1 requirements. Reference generic example diagram in Appendix 1.

Example of cable record

Factor 3 – Enhanced 911 Services. Provide a discussion of how the Offeror will interface and comply with State 911 requirements, including Automatic Number Identification (ANI) and Automatic Line Identification (ALI) database updates. The Offeror shall demonstrate how a stable and reliable route will be secured to the 911 bureaus serving the site.

Factor 4 -- Diversity. Provide a pictorial sketch and legend, which shows connectivity for alternate routing/diversity for the site. At a minimum, provide a diagram showing two geographically separated communication pathways on to Langley AFB and Ft Eustis. The Offeror shall provide a discussion of the proposed methodology to accomplish diversity.

Factor 5 – Provide evidence of being capable to meet timelines specified in the PWS for initial cutover and follow-on timelines. Provide evidence of being able to provide thorough records as listed in the PWS. Provide sample of documents required under paras 3.1.1.1 thru 3.1.1.4.

Factor 6 – Provide evidence of physical security compliance with NIST standards as applicable through F Terms and Conditions attachment. For example, company policies for securing manholes and other items required under NIST.

Technical quotes will be evaluated on an "Acceptable/ Unacceptable" basis. To receive a rating of "Acceptable," the quoter must adequately address their plan to meet the above mentioned technical criteria. Quoters must receive a rating of "Acceptable" for technical in order to be eligible for award. Quotes that exceed the evaluation criteria will not receive higher ratings.

TABLE 1

Technical Rating Description

Acceptable The quote clearly meets the minimum technical requirements of the solicitation.

Unacceptable The quote does not clearly meet the minimum technical requirements of the solicitation.

EVALUATION OF PAST PERFORMANCE

Past performance shall be evaluated in accordance with FAR 13.106-2(b)(3)(ii). The past performance information to be evaluated on each quoter will be information available in CPARS and any other source identified by the quoter or the Government. If there is no performance information available the past performance rating will be considered neutral, and therefore will be rated acceptable.

The Government evaluators will conduct an in-depth review and evaluation of all available performance data to determine how closely the work performed under those efforts relates to the effort. The main purpose of the past performance evaluation is to appropriately consider each quoter demonstrated record of contract compliance by supplying products and services that meet user's needs, including business relations, management, schedule and performance quality constraints.

Past Performance shall be evaluated on a "Acceptable/ Unacceptable" basis. In the event of negative comments of a quoters past performance, the contracting officer shall evaluate the comments and make a "Acceptable/ Unacceptable " determination. If a quoter is determined to have "Marginal" or "Unsatisfactory" past performance ratings, they will be given an overall past performance rating of "Unacceptable."

TABLE 2

Past Performance Rating Description

Acceptable Based on the quoters performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoters performance record is unknown. To be rated as "Acceptable", no Marginal or Unsatisfactory ratings can be found in the past performance information.

Unacceptable Based on the quoters performance record, the Government has no reasonable expectation that the quoter will be able to successfully perform the required effort. To be rated "Unacceptable", a negative rating of Marginal or Unsatisfactory will be identified by this office and validated by the Contracting Officer.

APPLICABLE PROVISIONS AND CLAUSES:

a. Clauses Incorporated by Reference

FEDERAL ACQUISITION REGULATION (FAR)

52.203-19 Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements (Jan 2017)

52.204-7 System for Award Management (OCT 2018) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-8 Annual Representations And Certifications (Mar 2020) 52.204-9 Personal Identity Verification Of Contractor Personnel (Jan 2011) 52.204-16 Commercial And Government Entity Code Reporting (Aug 2020) (Solicitation) 52.204-18 Commercial And Government Entity Code Maintenance (Aug 2020 52.204-19 Incorporation By Reference Of Representations And Certifications (Dec 2014) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.212-1 Instructions To Offerors – Commercial Items (Jun 2020) 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021 52.212-3 Offeror Representations and Certifications--Commercial Items (Feb 2021) 52.212-4 Contract Terms And Conditions -- Commercial Items (Nov 2021) 52.232-18 Availability Of Funds (Apr 1984) 52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-1 Site Visit (Apr 1984)

DEFENSE FEDERAL ACQUISITION REGULATION (DFARS)

252.201-7000 Contracting Officer's Representative (Dec 1991) 252.203-7000 Requirements Relating To Compensation Of Former Dod Officials (Sep 2011)

252.204-7003 Control Of Government Personnel Work Product (Apr 1992) 252.204-7006 Billing Instructions (Oct 2005) 252.209-7999 Representation By Corporations Regarding An Unpaid Delinquent Tax Liability or A Felony Conviction Under Any Federal Law (Class Deviation 2012-O0004) (Dec 2018)

252.223-7006 Prohibition On Storage, Treatment, And Disposal Of Toxic Or Hazardous Materials - Basic (Sep 2014)

252.232-7003 Electronic Submission Of Payment Requests And Receiving Reports (Dec 2018) 252.232-7006 Wide Area Workflow Payment Instructions (Dec 2018) 252.232-7010 Levies On Contract Payments (Dec 2006) 252.237-7023 Continuation of Essential Contractor Services 252.237-7024 Notice of Continuation of Essential Contractor Services 252.243-7001 Pricing Of Contract Modifications (Dec 1991) 252.243-7002 Requests For Equitable Adjustment (Dec 2012) 252.247-7023 Transportation Of Supplies By Sea - Basic (Feb 2019)

AIR FORCE FEDERAL ACQUISITION REGULATION (AFFARS)

5352.223-9000 Elimination Of Use Of Class I Ozone Depleting Substances (ODS) (Oct 2019) 5352.223-9001 Health And Safety On Government Installations (Oct 2019)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

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

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (OCT 2020)

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

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

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

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

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

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

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

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

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

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; andAfter conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

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

(e) Disclosures.

https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded

"will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded

"does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

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

and

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

(ii) For covered services—

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

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

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. As prescribed in 4.2105(c), insert the following provision:

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

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

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

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

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

□ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-7 Information Regarding Responsibility Matters.

As prescribed at 9.104-7(b), insert the following provision:

Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).

This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

ADDENDUM to 52.212-4 – Contract Terms and Conditions – Commercial Items Nov 2021

(e) Definitions.

(1) "Common Carrier" means any entity engaged in the business of providing telecommunications services, which are regulated by the Federal Communications Commission or other governmental body.

(2) "Noncommon Carrier" means any entity other than a common carrier offering telecommunications facilities, services, or equipment for lease.

(3) “Governmental regulatory body” means the Federal Communications Commission, any statewide regulatory body, or anybody with less than statewide jurisdiction when operating under the state authority. Regulatory bodies whose decisions are not subject to judicial appeal and regulatory bodies, which regulate a company owned by the same entity, which creates the regulatory body are not “governmental regulatory bodies.”

(4) "Special Service" normally involves a common carrier providing a special service or facility related to the performance of the basic telecommunications service requirements. This may include (i) moving or relocating equipment, (ii) providing temporary facilities, (iii) expediting provision of facilities, or (iv) providing specially constructed channel facilities to meet Government requirements.

(5) "Telecommunications services" means the services acquired, whether by lease or contract, to meet the Governments telecommunications needs. The term includes the telecommunications facilities and equipment necessary to provide such services.

(u) Reporting of Funds. This contractual vehicle is used to authorize local communications services and does not obligate funds. The funded amount(s) indicate the yearly authorization totals for reporting purposes only.

(v) Tariff Information.

(1) The contractor shall provide to the Contracting Officer—

(i) Upon request, a copy of the contractor's current existing tariffs (including changes);

(ii) Before filing, any application to a Federal, State, or any other regulatory agency for new or changes to, applicable rates, charges, services, or regulations relating to any CSA or any of the facilities or services to be furnished solely or primarily to the Government; and

(iii) Upon request, a copy of all information, material, and data developed or prepared in support of or in connection with an application under paragraph (a)(2) of this clause.

(2) The contractor shall notify the Contracting Officer of any application that anyone other than the contractor files with a governmental regulatory body, which affects or will affect the rate or conditions of services under this contract. These requirements also apply to applications pending on the effective date of this contract.

(3) Public Utilities Commission (PUC) Authorization. All offerors shall be local exchange carriers certificated (SPCOA – Service Provider Certificate of Operating Authority, or COA – Certificate of Operating Authority) with the state PUC where services are being provided. This contract shall at all times be subject to such changes by the PUC of the state having jurisdiction over the particular site as said Commission may, from time to time, direct in the exercise of its jurisdiction.

(4) Rates, Charges, and Services.

(i) The contractor shall furnish the services and facilities under this contract in accordance with—

(A) All applicable tariffs rules, regulations, or requirements;

(1) Lawfully established by a governmental regulatory body; and

(2) Applicable to service and facilities furnished or offered by the contractor to the general public or the contractor's subscribers;

(B) A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience including tariff changes with the exception of TFS. If the prices differ from established tariff prices, it is the responsibility of the contractor to either file a special tariff for the contract with the relevant Governmental authorities or make other arrangements to comply with the governmental requirements. The Air Force will not be liable for price increases for failure to follow these requirements. The contractor will assess applicable taxes, fees, and surcharges (TFS) based on TFS at the time of invoicing. If the TFS change during the term of the contract, the contractor must submit supporting state statutes, local ordinances, regulations, and FCC ruling and rates for Government verification. A modification will then be issued based upon the newly documented annual TFS.

(ii) The Government shall not prepay for services.

(iii) Recurring charges for services and facilities shall, in each case, start with the satisfactory beginning of service or provision of facilities or equipment and are payable monthly in arrears.

(iv) Subject to the Cancellation or Termination of Orders clause 252.239-7007 of this agreement/contract, the

Government may stop the use of any service or facilities furnished under this agreement/contract at any time. The Government shall pay the contractor all charges for services and facilities adjusted to the effective date of discontinuance.

(v) Expediting charges are costs necessary to get services earlier than normal. Examples are overtime pay or special shipment. When authorized, expediting charges shall be the additional costs incurred by the contractor and the subcontractor. The Government shall pay expediting charges only when—

(A) They are provided for in the tariff established by a governmental regulatory body; or

(B) They are authorized in a communication service authorization or other contractual document.

(vi) When services normally provided are technically unacceptable and the development, fabrication, or manufacture of special equipment is required, the Government may—

(A) Provide the equipment; or

(B) Direct the contractor to acquire the equipment or facilities. If the contractor acquires the equipment or facilities, the acquisition shall be competitive, if practicable.

(vii) If at any time the Government defers or changes its orders for any of the services but does not cancel or terminate them, the amount paid or payable to the Contractor for the services deferred or modified shall be equitably adjusted at the time of deferral or change. The Government and the contractor shall equitably adjust the rates by mutual agreement. Failure to agree on any adjustment shall be a dispute concerning a question of fact within the meaning of the Disputes clause of this contract.

(w) Continuity of Services and Option to Extend Telecommunication Services.

(1) This Communications Service Authorization (CSA) authorizes continuation of services previously authorized on

CSA #FA877317C0007.

(2) For all services required on this contract, the contractor shall continue to provide services until a release date is established by the government as a result of competition (cutover complete) or termination (including termination for cause or government convenience).

(3) The Government may require continued performance of any services within the limits and at the rates specified in the contract until cutover is complete. These rates will remain firm fixed price during this process.

This provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise this provision by unilateral modification to the contract before 10 days of expiration.

(4) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, before contract expiration, a successor, either the Government or another Contractor, may continue them. The Contractor agrees to –

(i) Provide transitioning of services during cutover period without termination liability charges;

(ii) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor;

and

(iii) Notify the Government of any services not cutover after contract expiration.

(x) Work Orders. Requirements for service provided hereunder will be forwarded to the Contractor through issuance of a local order (DD Form 1367 or a similar form). A local order will also be issued for termination or changes to services. Services provided without a local order are not contractually covered. Services may be ordered only as shown on the CSA Schedule B. Orders must be signed by the Communications Systems Officer or designee.

(End of Addendum to Clause 52.212-4)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items (DEVIATION 2018-O0021)

In lieu of the clause at FAR 52.212-5, use the following clause in solicitations and contracts when utilizing FAR part 12 procedures for the acquisition of commercial items and the clause logic capability available in the Standard Procurement System.

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (SEP 2018)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014)…