FA558720Q0011 Request for Quotation Amendment 4.pdf

Department of the Air Force

48th Fighter Wing (USAFE)

Combined Synopsis/Solicitation

Requirement Title: Aircraft Wash Services

Solicitation Number: FA5587-20-Q-0011

Solicitation Issue Date: Thursday, 25 June 2020

Amendment Number: 3

Amendment Issue Date: Thursday, 30 July 2020

Response Deadline: Monday, 3 August 2020 no later than 1100 British Summer Time (BST)

Point(s) of Contact: Yvonne Cooke / yvonne.cooke.gb@us.af.mil / 01638 522384

Maria Calimlim / maria.calimlim@us.af.mil / 01638 522165

Summary of changes from Amendment 4: The purpose of this amendment is to change the following

1. Provide responses to questions received

2. THE RESPONSE DEADLINE REMAINS MONDAY, 3 AUGUST 2020 NO LATER THAN 11OO BRITISH SUMMER

TIME

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

2. This solicitation is being issued as a(n) Request For Quotation (RFQ).

3. This solicitation document and incorporated provisions and clauses are those in effect through:

Federal Acquisition Circular 2019-01

Defense Federal Acquisition Regulation Public Notice 20181031

Air Force Federal Acquisition Circular 2018-0525

4. Due to the overseas location of this requirement, no set-aside will be used in accordance with FAR 19.000(b).

The North American Industry Size Classification System (NAICS) code associated with this requirement is 488190

Description:

Offeror shall provide all management, supervision and labor necessary to perform aircraft corrosion prevention operations at 48

MXG, RAF Lakenheath, United Kingdom. The scope includes, but is not limited to, aircraft receipt/delivery, aircraft washing, aircraft lubrication, facility maintenance and tool control.

The period of performance will consist of a base period, plus two twelve month options periods. The performance period will commence from 1 September 2020 through 31 August 2023.

Place of Delivery/Performance/Acceptance/FOB Point:

These services shall be provided for RAF Lakenheath, in the United Kingdom.

Line Item Description Quantity Unit of Measure

0001 Aircraft Wash Services 12 Monthly

1001 Aircraft Wash Services 12 Monthly mailto:yvonne.cooke.gb@us.af.mil mailto:maria.calimlim@us.af.mil

2001 Aircraft Wash Services 12 Monthly

FAR provision 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. As prescribed in FAR 12.301(b)(1), the following addendum is provided for this solicitation and hereby amends any language therein:

Addendum 52.212-1 - Instructions to Offerors - Commercial Items (Oct 2018)

A. Period of Acceptance of Offers. The paragraph is tailored as follows: "The offeror agrees to hold the prices in it's offer firm for

180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation".

B. To assure timely and equitable evaluation of the proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including:

1. Terms and conditions

2. Representations and certifications

3. Current UK business registrations, licenses, and/or insurance required to legally operate and employ personnel within the

UK or show rationale for non-applicability.

Failure to meet a requirement may result in an offer being ineligible for award.

Notice to Offeror(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the

Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

The Government's terms, conditions, and respective clauses contained within this solicitation are prescribed in accordance with

United States Federal Acquisition Regulations (FAR), and are not subject to conditionally proposed revisions or changes requested by offerors. Offerors that are not able to comply with the aforementioned conditions, will be determined as noncompliant with the solicitation requirements, and therefore may be removed from consideration for award.

C. Complete the necessary fill-ins and certifications in provisions and in the on-line Representations and Certifications at www.sam.gov. If Representations and Certifications are not available in SAM, please return the provision FAR 52.212-3, Offeror

Representations and Certifications - Commercial Items along with the proposal. For other provisions and clauses in the solicitation, the offeror is required to submit the pages that require an offeror fill-in.

D. Pre-bid/pre-proposal Information

NOTICE OF PRE-BID/PRE-PROPOSAL CONFERENCE (MAY 1996)

(a) A pre-bid/pre-proposal conference will be conducted at RAF Lakenheath for the purpose of reviewing proposal submission requirements and receiving questions regarding this solicitation. The conference is scheduled for 9 July 2020 at 10 am British

Summer Time.

(b) Submit the names of all attendees (maximum of 2 persons per company including name, phone number and email address) to

Maria Calimlim at maria.calimlim@us.af.mil and Yvonne Cooke at yvonne.cooke.gb@us.af.mil prior to 1400 BST on 2 July

2020. The link for the conference information will be provided for those requesting to attend.

(c) Offerors are requested to submit questions to the point of contact noted above not later than 1600 BST on 13 July 2020.

Information provided at this conference shall not qualify the terms and conditions of the solicitation and specification. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

(d) A record of the conference shall be made and furnished to all prospective offerors. The record should included minutes of the meeting, including questions (on a non-attribution basis) and answers.

End of Provision http://www.sam.gov/

Quotes in response to this solicitation must

E. Points of Contact: All communications shall be submitted via email to all the following personnel/address:

Maria Calimlim at maria.calimlim@us.af.mil

Yvonne Cooke at yvonne.cooke.gb@us.af.mil

F. Questions: Questions must be submitted via email to the personnel noted above. All questions are due no later than 1600 BST on

13 July 2020. All questions and answers will be posted to www.beta.SAM within two business days.

G. Quotation Submission: Quotes in response to this solicitation must be electronically submitted no later than 1100 BST on 3

August 2020. Quotes must be submitted via email to Maria Calimlim at maria.calimlim@us.af.mil, and Yvonne Cooke at yvonne.cooke.gb@us.af.mil. All offer shall be complete, clearly presented and contain sufficient detail for effective evaluation as detailed in Addendum 52.212-2 of this solicitation. Offers shall be neat, indexed and assembled in an orderly manner. Late quotes will be processed in accordance with FAR 52.212-1(f) - Late submissions, modifications, revisions, and withdrawals of offers.

H. Specific Instructions

1. Technical Capability: Offerors shall not simply restate the Performance Work Statement; they shall explain their technical capabilities in fulfilling the requirements. Offerors shall include;

(a) Sub-factor 1- Security Clearance: The contractor shall have a current, valid Facility Security Clearance granted by the Defense

Security Service (http://www.dss.mil). The contractor must comply with DoDD 5220.22R, DoD Industrial Security Program, to determine eligibility for access to classified information for work performed under PWS Section 4.4.

(b) Sub-factor 2 - Past Experience: The contractor shall provide evidence of three contracts of the same/similar performance and/or scope or work as the PWS. Contract performance shall be within five (5) years from the issuance date of this solicitation and meet the following criteria:

a) Have completed a fighter aircraft wash.

b) Have used Technical Orders and Safety Procedures.

Evidence of prior experience shall include the following information:

- Company/Division/Agency/Customer name

- Description of service provided

- Contract Number

- Contract Value

- Period of Experience

- Verified, up-to-date name, address, email of company representative

- Contracting office contract information

(c) There is a 20 page, single sided limitation for technical capability. All material shall be contained within the page limit identified and all executive summaries, table of contents and certificates does not count towards the limitation.

2. Price:

(a) Offerors shall complete the Quote Sheet attached to this RFQ, Attachment 2; this must be filled in entirely. Insert proposed unit and extended prices on the Quote Sheet for each Contract Line Item Number (CLIN), including all option periods. Ensure that unit prices are no more than two (2) decimal places. The extended amount must equal the unit price when multiplied by the quantity. As part of the price evaluation, the Government will evaluate the Option to Extend Services under FAR clause 52.217-8.

(b) The resultant contract will be Firm Fixed Priced. Accordingly, proposed pricing by offerors shall be firm-fixed and not subject to revision and/or negotiation if selected for contract award. Additionally, multiple awards will not be considered, quotes shall include pricing for all items in Quote Sheet, Attachment 2. Ensure that unit prices are no more than two (2) decimal places of the applicable currency.

mailto:maria.calimlim@us.af.mil mailto:yvonne.cooke.gb@us.af.mil http://www.beta.sam/

(c). Proposed pricing shall be quoted in (Great British Pounds) GBP or (United States Dollars) USD (formula amounts in GBP will be divided by 0.7614) exclusive of Value Added Tax (VAT). Proposals shall remain valid for 180 days after the closing date of this solicitation.

3. Quote Sheet: All price quotations must be submitted on Quote Sheet, Attachment 2 and it must be filled in entirely. All technical submissions, if applicable, must be submitted on a separate document.

4. DD254 Instruction - DOD Contract Security Classification Specification (DD form 254), Attachment 3. The Government will use the Industrial Security Facilities Database (ISFD) to verify offeror and subcontractor(s) clerance information. The Government is not obligated to hold discussion nor delay the decision brief awaiting for an offeror or subcontractor(s) to comply with DD Form 254 classification requirements. Contractor responsibility includes: (1) Offeror and subcontractor(s) having the highest classification required on the DD Form 254 attached to this solicitation and (2) resolution of all Foreign Ownership, Control or Influence (FOCI) issues, if any.

5. Controlled Document - The technical orders included in the Performance Work Statement are controlled documents. In order for the oferror to gain access to this information, the request must be submitted through beta.Sam along with the offeror's CAGE or

NCAGE information. After validation that the offeror meets the clearance requirement required in the Performance Work Statement, access will be granted.

FAR Provision 52.212-2, Evaluation -- Commercial Items, applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation and hereby amends any language therein:

The Government intends to 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 technical factors considered. The Government intends to evaluate quotes and award a contract without discussions with offerors. Therefore, the offeror's initial quote 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’s award decision will not be limited to the offer that only meets the technical minimum and provides the lowest price. The following factors shall be used to evaluate offers:

1. Technical Capability: The Government will evaluate technical capability using the sub-factors below. Offerors that exceed the minimum requirements outlined in the factor criteria by providing additional value to the Government, as determined by the

Government Evaluation Team, may be given additional consideration for awardee selection at the Government’s discretion. Failure to meet the minimum requirements outlined in the sub-factors below may result in the offer being removed from consideration for award. To be considered a strength, Offerors must explicitly identify and explain areas in which they believe their proposal exceeds the Government’s minimum requirements in a beneficial way to receive credit as a strength. The Government is not bound by the offeror’s opinion of its strength and the Government is not limited to those strengths outlined by the offeror. Technical acceptability and any related strengths shall be evaluated against the following information:

(a) Sub-factor 1- Security Clearance: The contractor shall have a current, valid Facility Security Clearance granted by the Defense

Security Service (http://www.dss.mil). The contractor must comply with DoDD 5220.22R, DoD Industrial Security Program, to determine eligibility for access to classified information for work performed under PWS Section 4.4.

(b) Sub-factor 2 - Past Experience: The contractor provides evidence of three contracts of the same/similar performance and/or scope or work as the PWS. Contract performance shall be within five (5) years from the issuance date of this solicitation and meet the following criteria:

a) Have completed a fighter aircraft wash.

b) Have used Technical Orders and Safety Procedures.

The contractor provides evidence of prior experience that included the following:

- Company/Division/Agency/Customer name

- Description of service provided

- Contract Number

- Contract Value

- Period of Experience

- Verified, up-to-date name, address, email of company representative

- Contracting office contract information

2. Price: The contracting officer has determined there is a high probability of adequate price competition in this acquisition.

However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists;

offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

(a) The Government will evaluate prices submitted in the Quote Sheet to determine a fair and reasonable price in accordance with

FAR 13.106-3. During the evaluation process the Government Evaluation Team will determine a total proposed price for each responsive offer. The extended price for each CLIN in the base period and each option period will be added together to determine the total price. NOTE: Evaluation of options shall not obligate the Government to exercise such options. Failure to provide the documentation described in the Instructions to Offerors above may result in the offer being deemed non-responsive and ineligible for award.

(b) In accordance with FAR 52.217-8 Option to Extend Services, the Government may require continued performance of any of the services within the limits and at the rates specified in the contract. For evaluation purposes the Government will add fifty percent

(50%) of the total sum for the extended amount of the final option period to each offeror’s total price to arrive at the Total Evaluated

Price (TEP). Offerors shall not submit a price for the Option to Extend Services clause.

(c) In the event there is a difference between a unit price and the extended total amount, the unit price will be held to be the intended offer and the total of the CLINs will be recomputed accordingly. If the offeror provides a total amount for a CLIN but fails to enter the unit price, the total amount divided by the respective CLIN quantity will be held to be the intended price.

(d) Due to the critical nature of the required services, the Air Force intends to conduct a price realism analysis in order to mitigate risks of unacceptable performance. An unrealistically low price may be judged to create an unreasonable performance risk that will render the offeror ineligible for award. In additional, price proposals will be analyzed to identify any potential unbalance pricing IAW

FAR 15.404-1(g). Unbalanced pricing may pose an unacceptable risk to the Government and may render the offeror ineligible for award.

3. 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 offeror’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.

4. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices create an unreasonable performance risk and significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

FAR provision 52.212-3, Offeror Representations and Certifications -- Commercial Items with alternate I applies to this acquisition;

the offeror verifies by submission of their offer that the representation and certifications currently posted electronically at FAR

52.212-3, Offeror Representations and Certifications -- Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation.

FAR clause 52.212-4, Contract Terms and Conditions -- Commercial Items applies to this acquisition.

FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders -- Commercial Items applies to this acquisition; the following checked clauses are hereby included by reference:

52.203-6, Restrictions on Subcontractor Sales to the Government with Alternate I

52.203-13, Contractor Code of Business Ethics and Conduct

52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

52.222-17, Nondisplacement of Qualified Workers

52.222-21, Prohibition of Segregated Facilities

52.222-26, Equal Opportunity

52.222-35, Equal Opportunity for Veterans

52.222-36, Equal Opportunity for Workers with Disabilities

52.222-37, Employment Reports on Veterans

52.222-50, Combating Trafficking Persons

52.222-54, Employment Eligibility Verification

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-13, Restrictions on Certain Foreign Purchases

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

52.232-36, Payment by Third Party

The provisions and clauses listed below have been determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. The following provisions and clauses are hereby included by reference:

52.202-1, Definitions.

52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.

52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements ot Statements-

Representation.

52.204-1, Approval of Contract.

52.204-2, Security Requirements.

52.204-7, System for Award Management.

52.204-9, Personal Identity Verification of Contractor Personnel.

52.204-13, System for Award Management Maintenance.

52.204-16, Commercial and Government Entity Code Reporting.

52.204-18, Commercial and Government Entitiy Code Maintenance.

52.204-19, Incorporation by Reference of Representation and Certifications.

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

52.204-26, Covered Telecommunications Equipment or Services-Representation.

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended or Proposed for

Debarment.

52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

52.212-1, Instructions to Offerors-Commercial Items.

52.212-2, Evaluation - Commercial Items

52.212-4, Contract Terms and Conditions-Commercial Items.

52.216-24, Limitation of Government Liability.

52.222-21, Prohibition of Segregated Facilities.

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving.

52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.

52.232-18, Availability of Funds.

52.232-33, Payments by Electronic Funds Transfer - System for Award Management.

52.233-1, Disputes.

52.233-3, Protest After Award.

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

52.237-2, Protection of Government Buildings, Equipment and Vegetation.

52.242-13, Bankruptcy.

52.243-1. Changes-Fixed-Price.

52.243-4, Changes.

52.252-5, Authorized Deviations in Provisions

52.252-6, Authorized Deviations in Clauses.

52.253-1, Computer Generated Forms.

252.201-7000, Contracting Officer's Representative.

252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

252.203-7002, Requirement to inform Emloyees of Whistleblower Rights.

252.204-7003, Control of Government Personnel Work Product.

252.204-7004, Antiterrorism Awareness Training for Contractors.

252.204-7006, Billing Instructions.

252.204-7008, Compliance with Safeguarding Covered Defense Information Controls.

252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

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

252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a state sponsor of

Terrorism.

252.211-7007, Reporting of Government-Furnished Property.

252.215-7008, Only One Offer.

252.215-7013, Supplies and Services Provided by Nontraditional Defense Contractors.

252.222-7002, Compliance with Local Labor Laws (Overseas).

252.225-7001, Buy American and Balance of Payments Program.

252.225-7002, Qualifying Country Sources as Subcontractors.

252.225-7005, Identification of Expenditures in the United States.

252.225-7012, Preference for Certain Domestic Commodities.

252.225-7041, Correspondence in English.

252.225-7043, Antiterrorism/Force Protection for Defense Contractors Outside the United States.

252.229-7006, Value Added Tax Exclusion (United Kingdom).

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

252.232-7007, Limitation of Government's Obligation.

252.232-7008, Assignment of Claims (Overseas).

252.232-7010, Levies on Contract Payments.

252.233-7001, Choice of Law (Overseas).

252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel.

252.243-7001, Pricing of Contract Modifications.

252.243-7002, Requests for Equitable Adjustment.

252.244-7000, Subcontracts for Commercial Items.

5352.209-9000, Organizational Conflict of Interest.

5352.209-9001, Potential Organization Conflict of Interest

Clauses included in full text

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (Aug 2019)

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

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

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

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

Equipment.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

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

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

(c) Representation. The Offeror represents that--

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

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

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

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and

Commercial and Government Entity (CAGE) code, if known); and

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

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

Services or Equipment (Aug 2019)

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

Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (AUG 2019)

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

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

Covered telecommunications equipment or services means--

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

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

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

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

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

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms

Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

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

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

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

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part

810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

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

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.

4817). Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in

Federal Acquisition Regulation 4.2104.

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

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

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

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the

Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the

Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

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

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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

52.212-3 Offeror Representations and Certifications-Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (JUN 2020)

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. 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.

https://www.acquisition.gov/content/part-12-acquisition-commercial-items#i1113145 https://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1968408723

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and

Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the

Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

(5) Consist of providing goods or services that are used only to promote health or education; or http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(6) Have been voluntarily suspended.“Sensitive technology”—

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 veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR

Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with13 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 at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR

124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(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.

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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 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.

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 least51 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.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-

Commercial Items, have been entered or updated in the last 12 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 will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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

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

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the

WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph

(c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

EDWOSB representation.

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

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

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

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

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified

HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the

HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

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

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

(ii) It □ has, □ has not filed all required compliance reports.

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

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative…