FA527023RA088_Combo.pdf

Combined Synopsis: FA527023RA088 Issued on 28 August 2023

VEHICLE CORROSION CONTROL

(The proposal must be valid for 90 days from the due date)

1. This is a Combined Synopsis/Solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation FA527023RA088 is being issued as a Request for Proposal (RFP) and will be conducted under FAR subpart 13.5. This notice and the incorporated provisions and clauses are those in effect through the Federal Acquisition Regulations (FAR).

All responsible sources may submit a proposal.

• This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04. Effective date 06/02/2023

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

• The North American Industry Classification System (NAICS) code is 811121 (Automotive Body, Paint and Interior Repair and Maintenance). The Product Service Code (PSC) is J023 (Maint/Repair/Rebuild of Equipment—Ground Effect Vehicles, Motor Vehicles, Trailers, and Cycles). This acquisition is unrestricted.

• Offerors must be registered in the System for Award Management (SAM) at https://sam.gov/content/home, in order to be considered for award. A current copy of a prospective awardee’s Representation and Certification will be validated using the SAM website prior to the issuance of an award.

• For information regarding the service acceptor or point of acceptance, please refer to

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(incorporated by full text) below.

• The following commercial provisions and clauses are applicable to this acquisition:

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023), 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021), 52.212-3 Alt I (CD 2023-O0002) Offeror Representations and Certifications - Commercial Products and Commercial Services (DEVIATION 2023-O0002) (DEC 2022), 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Dec 2022), and 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jun 2023).

• Except for what’s listed within this Combined Synopsis/Solicitation, there are no other additional terms and conditions that the Contracting Officer has considered to be necessary for this acquisition and consistent with commercial practices.

• All yellow highlighted fields must be filled out.

• If you have any questions or inquiries, please email Mr. Keigo Miyagi at keigo.miyagi.jp@us.af.mil and Mr. Odini Nikolai Ramos at odini.ramos@us.af.mil no later than (NLT) 04 September 2023, 11:00 AM Japan Standard Time (JST). All questions received after this time may not be answered or entertained.

• Please submit your proposal through email to the above point of contact (POC) NLT 11

September 2023, 11:00 AM JST. It is the vendor’s responsibility to monitor the SAM (https://sam.gov) system for amendments issued in reference to this requirement. Any potential amendments will be posted in the same fashion as the solicitation. All Contractors who provide goods/services to the DoD must be registered in the System for Award Management (SAM) Found at https://sam.gov. Failure to comply with SAM registration will deem the Offeror non-responsive and may be ineligible for award.

• LATE PROPOSAL. All proposals received later than the due date may result to disqualification. Please ensure that 18CONS/PKA received your proposal timely.

• Please read the below instruction and submit necessary documentations.

1) The proposal shall consist of two volumes - (1) Price and Contractor Information Volume, and (2) Technical/Management Volume. These volumes shall be submitted separately, and clearly marked: “Price and Contractor Information Volume” and “Technical/Management Volume”. The offeror shall make no reference to price in the Technical/Management volume.

2) No alternate proposal will be accepted. The offeror’s proposal and any subsequent negotiated changes thereto shall be binding upon the offeror. The contracting officer can unilaterally issue a definitive contract using the offeror’s proposal.

3) Page limitations established in each area of consideration shall be strictly adhered to, as pages which exceed the limit will not be reviewed by the technical evaluators. Written responses to clarification requests and/or discussion requests will be subject to page limitations as specified in the correspondence.

4) The proposal shall be prepared as follows:

a) Separate Volume 1 Price and Contractor information and Volume 2 Technical/ Management

b) Must be in PDF format

c) English language only

d) Send via email or CD only mailto:keigo.miyagi.jp@us.af.mil mailto:odini.ramos@us.af.mil https://sam.gov/ https://sam.gov/

5) Failure to submit a complete proposal package or incomplete information required by this solicitation to 18 CONS may result to disqualification.

6) Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

7) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

For example, the contracting officer may award multiple award contract if he or she determines that it will be the best interest of the US Government.

VOLUME I PRICE AND CONTRACTOR INFORMATION

1. Cover letter to include the following information:

a) Company letter head

b) OFFEROR’S SIGNATURE. Without a signature, your offer will be deemed invalid. This signature will be used when the contracting officer issues a definitive contract unilaterally.

c) Date of offer

d) The solicitation numbers.

e) The time specified in the solicitation for receipt of offers.

f) The name, address, and telephone number of the offeror;

g) Terms of any express warranty;

h) Price and any discount terms;

i) "Remit to" address, if different than mailing address;

j) Acknowledgment of Solicitation Amendments;

2. Complete the attached price list

3. Complete the mandatory information on page 7

4. Complete all required representations and certifications

5. Company/ JV/ Subcontractor's latest financial statement

6. Company/ JV/ Subcontractor's current personnel and assets (such as facility, equipment, etc.)

7. Joint Venture Agreement or signed statement of JV intent & description of Partnership, if applicable

8. Signed Subcontract Agreement if applicable.

9. ATTACHMENT 05 DEAMS EFT Enrollment Form Updated 05_2023, If applicable.

10. ATTACHMENT 06 DFAS Japan AF EFT Submission, if applicable

NOTE: Even though the subcontractor past performance and experience will not be evaluated in the volume II of the offeror’s package, it can be used in determining contractor’s responsibility.

VOLUME II PAST PERFORMANCE, EXPERIENCE AND KEY PERSONNEL

1. NON-PRICE FACTOR 1: EXPERIENCE. This section is intended to evaluate the project experience of the Offeror and its JV partners, if applicable, and is NOT intended to evaluate SUBCONTRACTOR technical project experience. Do not submit technical project experience for any proposed subcontractors.

a) Page limit – three (3) pages per project experience

b) Project Example – SUBMIT TWO (2) EXAMPLES of relevant projects, either substantially complete or completed within the past five years, demonstrating the Offeror’s technical capabilities to perform the Project. If the offeror submits more than the required number of project examples, the USG will evaluate only the stated number of projects, in the order presented in the Offeror’s submittal.

c) Relevant Projects - The term “relevant projects” means those projects similar in scope, complexity, and dollar value (USD), in that order of importance.

For example, submitting a minor vehicle or equipment repair examples would not be considered relevant to demonstrate technical project experience necessary to perform corrosion control maintenance service.

d) Two (2) relevant project examples are required. Of the two (2) examples, offerors organized as a JV shall submit at least one (1) example of a relevant project for each JV partner to demonstrate technical project experience for the JV partner’s proposed role in the Project. Projects may be substantially complete or completed within the past five years. If the offeror submits more than the required number of project examples, the US Government (USG) will evaluate only the stated number of projects, in the order presented in the Offeror’s submittal.

i) Include the following information for every relevant project experience:

ii) Project Name and Contract Number

iii) Description of project scope and identification of relevancy to work required for this contract.

iv) Name of contractor responsible for the project. Identify whether the Offeror was a prime, subcontractor or a JV partner on the project example.

v) Description of the type of work performed by the Offeror including identification of specific trades self-performed.

vi) Actual start and completion dates (month/year), and originally scheduled completion date (month/year). Explain any differences between the actual and originally scheduled completion dates.

vii) The percentage of the corrosion control repair work self-performed by the Offeror. Percentage shall be provided as a portion of the total contract value of the project.

2. NON-PRICE FACTOR 2: PAST PERFORMANCE. Offerors shall submit the following information regarding their past and present information. That information will be used solely to identify projects and determine their relevance to the evaluation of past performance in accordance with FAR 52.212-2. For each relevant project example submitted, provide the completed Past Performance information ATTACHMENT 03 and email it directly to the Contract Specialist.

a) It must include the following information:

i) The period of your performance (beginning and ending date)

ii) The name, address, phone number and email of a point of contact for this project.

iii) Projects identified should include work experience within the five (5) years preceding the submission of this proposal.

iv) Offerors shall identify projects they performed as the prime

b) The Offeror’s work under the identified projects should be similar in size, scope, and complexity to the requirements of this solicitation and should include information to demonstrate such similarity.

c) In the case of a proposal by a joint venture (JV), the Offeror must provide information on the JV’s past performance or, in cases where the JV is newly formed and no past performance exists, the JV shall provide past performance information on the individual entities comprising the JV. This information shall describe the relevant experience of the JV or individual entities, as applicable.

d) Upon receipt of the past and present information, 18 CONS will send the submitted point of contact a questionnaire to assess the performance of the offeror.

3. NON-PRICE FACTOR 3: KEY PERSONNEL.

a) Organizational Structure. Page limit: One (1) page

b) Resume. Page limit: two (2) pages per individual

i) All resumes shall be current within 90 days of proposal submission.

• Please provide the following documents to 18 CONS/PKA. Follow this format when submitting your offer to our office. Failure to comply with this instruction may result to disqualification.

o Volume I – Price and Company information

Cover Letter (no more than 2 pages) Completed Price List. ATTACHMENT 01 Completed Mandatory information on page 7 Completed Reps and Certs Company/ JV/ Subcontractor’s Financial Statement (no page limit) Company/ JV/ Subcontractor’s current personnel and asset (no more than

5 pages) Joint Venture Agreement or signed statement of JV intent & description of

Partnership, if applicable (no more than 2 pages) Signed Subcontract Agreement if applicable. (no more than 1 page per subcontractor) ATTACHMENT 05 DEAMS EFT Enrollment Form Updated 05_2023, If applicable.

ATTACHMENT 06 DFAS Japan AF EFT Submission, if applicable o Volume II – Technical and Management Non-Price Factor 1 – Experience. At least two (2) examples. No more than three (3) pages per example.

Non-Price Factor 2 – Past and present Performance. Complete the

ATTACHMENT 03.

Non-Price Factor 3 – Key Personnel of the company or JV only.

• Organizational Structure. No more than one (1) page

• Resume. Two (2) pages per individual

• Incomplete information may result to disqualification of your proposal or offer to competition. Additionally, other documents listed above submitted to 18CONS/PKA may not be reviewed or accepted.

REQUIRED/ MANDATORY INFORMATION

FOB WARRANTY ESTIMATED

DELIVERY

DATE

PAYMENT

TERMS

Destination

COMPANY

NAME

ADDRESS DUNS NUMBER CAGE CODE

POINT OF

CONTACT

E-MAIL ADDRESS PHONE NUMBER TAX ID NUMBER

Site Visit: The POCs for the site visit will be Mr. Keigo Miyagi and Mr. Odini Ramos. There is no set site visit date. All interested offerors who wish to conduct site visit must complete the site visit reservation form and send it to the POCs no later than 2 days before the desired site visit date. The US Government will make all every effort to entertain all site visits if mission allows.

However, all site visit requests are not guaranteed. Complete the ATTACHMENT 04 for all site visit requests.

Period of Performance: One (1) Year

Place of Performance: Kadena Air Base, Japan

LIST OF ATTACHMENTS:

ATTACHMENT 1: Price List ATTACHMENT 2: Performance Work Statement (PWS) ATTACHMENT 3: Past and Present Information ATTACHMENT 4: Site Visit Reservation Form ATTACHMENT 5: DEAMS EFT Enrollment Form Updated 05_2023 ATTACHMENT 6: DFAS Japan AF EFT Submission

2.PROVISIONS/CLAUSES INCORPORATED BY REFERENCE (IBR)

The following FAR/DFARS/AFFARS provisions and clauses are applicable to this solicitation:

It is the contractor’s responsibility to be familiar with applicable clauses and provisions. Clauses and provisions can be found at: https://www.acquisition.gov/content/regulations.

(For full text references, go to the link above.)

52.203-3 Gratuities (Apr 1984) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions (Sept 2007) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun

2020) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(May 2011) 52.204-7 System for Award Management (Oct 2018) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec

2014) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-22 Alternative Line-Item Proposal (Jan 2017) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law (Feb 2016) 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services

(Nov 2021) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data-Modifications (Nov 2021) 52.219-1 Alt I Small Business Program Representations (DEVIATION 2023-O0002)

(DEC 2022)

52.222-29 Notification of Visa Denial (Apr 2015) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct

2020) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-10 Waste Reduction Program (May 2011) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (Aug 2018) 52.225-14 Inconsistency Between English Version and Translation of Contract (Feb

2000) 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certifications (Jun 2020) https://www.acquisition.gov/content/regulations

52.229-6 Taxes-Foreign Fixed-Price Contracts (Feb 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.237-1 Site Visit (Apr 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr

1984) 52.242-13 Bankruptcy (July 1995) 52.242-17 Government Delay of Work (Apr 1984) 52.246-4 Inspection of Supplies-Fixed-Price (Aug 1996) 52.246-20 Warranty of Services (May 2001)

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

252.203.7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS (SEP 2011)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (DEC 2022)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS (SEP 2022)

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT

(APR 1992)

252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS

(JAN 2023)

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND

CYBER INCIDENT REPORTING (DEC 2019)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT (JAN 2023)

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES—REPRESENTATION (DEC 2019)

252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (MAY 2021)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)

252.204-7019 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (JAN 2023)

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (JAN 2023)

252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR

CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS

A STATE SPONSOR OF TERRORISM (MAY 2019)

252.215-7008 ONLY ONE OFFER (DEC 2022)

252.215-7013 SUPPLES AND SERVICES PROVIDED BY NONTRADITIONAL

DEFENSE CONTRACTORS (JAN 2023)

252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN

1997)

252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF

TOXIC OR HAZARDOUS MATERIALS—BASIC (SEP 2014)

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023)

252.223-7997 PROHIBITION ON PROCUREMENT OF CERTAIN ITEMS

CONTAINING

PERFLUOROOCTANE SULFONATE OR PERFLUOROOCTANOIC

ACID — REPRESENTATION—REPRESENTATION (DEVIATION

2022-O0010) (SEP 2022)

252.223-7998 PROHIBITION ON PROCUREMENT OF CERTAIN ITEMS

CONTAINING PERFLUOROOCTANE SULFONATE OR

PERFLUOROOCTANOIC ACID (DEVIATION 2022-O0010) (APR

2023)

252.225-7005 IDENTIFICATION OF EXPENDITURES IN THE UNITED STATES

(JUN 2005)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR

2022)

252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)

252.225-7042 AUTHORIZATION TO PERFORM (APR 2003)

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE

CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)

252.225-7048 EXPORT CONTROLLED ITEMS (JUNE 2013)

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and

Tungsten (JAN 2023)

252.225-7055 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH

THE MADURO REGIME (MAY 2022)

252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE

MADURO REGIME (JAN 2023)

252.225-7059 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE

XINJIANG UYGHUR AUTONOMOUS REGION–CERTIFICATION

(DEC 2022)

252.225-7060 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE

XINJIANG UYGHUR AUTONOMOUS REGION (JAN 2023)

252.225-7972 PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE

UNMANNED AIRCRAFT SYSTEMS (DEVIATION 2020-

O0015)(MAY 2020)

252.225-7976 CONTRACTOR PERSONNEL PERFORMING IN JAPAN.

(DEVIATION 2018-

O0019)(AUG 2018)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED

ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL

BUSINESS CONCERNS (APR 2019)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND

RECEIVING REPORTS (DEC 2018)

252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997)

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY

CONTRACTOR PERSONNEL (JUN 2013)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022)

252.243-7999 SECTION 3610 REIMBURSEMENT (DEVIATION 2020-O0021) (AUG

2020)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR

COMMERCIAL SERVICES (JAN 2023)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA

(JUN 2019)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (JAN 2023)

3. PROVISIONS/ CLAUSES INCORPORATED BY FULL TEXT (FT)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (Nov 2021)

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

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

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

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

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

(d) 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; and

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

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

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

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

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

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

(End of provision)

52.204-26 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 (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).

ADDENDUM 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov

2021)

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

(1) PRICE. The USG reserve its rights to disqualify unreasonably high or low price to include unbalance pricing. The price must be deemed fair and reasonable by the contracting officer in accordance with FAR 13. 106-3(a).

(2) NON-PRICE FACTOR 1: EXPERIENCE. the USG will evaluate prior experience which demonstrated the offeror’s capabilities to perform the work described in the solicitation. An Offeror who has no record of experience will receive an unacceptable rating for this factor. If the USG had nothing to review when evaluating the offeror's proposal under the project experience factor, the evaluators can conclude that the proposal represent a high degree of risk, and that it will “not present a probability of successful performance".

(3) NON-PRICE FACTOR 2: PAST PERFORMANCE. In evaluating the Offeror’s past performance, the Government may consider the information in the Offeror’s submittal as well as information gathered from other sources including former customers, Government agencies, federal databases (e.g., CPARS), and other references. As defined by FAR 2.1, past performance refers to the Offeror’s performance on active and physically completed contracts. An Offeror who has no record of past performance or for whom information on past performance is not available will receive a neutral rating for this factor. Assigning an acceptable past performance rating to offerors without relevant past performance is, effectively, no different than assigning a neutral rating.

(4) NON-PRICE FACTOR 3: KEY PERSONNEL.

(a) ORGANIZATIONAL STRUCTURE. The USG will evaluate the chains of responsibility and lines of communication are logical and efficient, and whether the organization is structured to successfully complete the Project.

(b) RESUME. The USG whether the resumes demonstrate appropriate professional qualifications, specialized experience, technical competence in the role proposed, and meet the minimum requirements of the contract. The Government will evaluate the commitment of key personnel not currently employed by the Offeror.

EXPERIENCE AND PAST PERFORMANCE DIFFERENCE: Experience factor focus on the degree to which an offeror has actually performed similar work, whereas past performance factor focus on the quality of the work performed. Thus, the absence of experience or past performance will be evaluated separately.

IAW FAR 13.106-1(a)(2)(iii), solicitations are not required to state the relative importance assigned to each evaluation factor and subfactor, nor are they required to include subfactors.

Therefore, no relative importance is set to the evaluation of this solicitation.

THE AWARD WILL BE MADE TO THE LOWEST PRICE OFFER THAT MEET ALL THE

NON-PRICE FACTORS SET BY THIS SOLICITATION.

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

52.212-3 Offeror Representations and Certifications - Commercial Products and

Commercial Services

(DEVIATION 2023-O0002) (DEC 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service -

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except -

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate -

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology -

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically -

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran;

and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern -

(1) Means a small business concern -

(i) Not less than 51 percent of which is owned by one or more service -disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern –

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that -

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by -

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned -

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

Veteran-owned small business concern means a small business concern -

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

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

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

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

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

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that -

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that -

(i) It □ is, □ is…