Solicitation - FA560624Q0042.pdf

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DEPARTMENT OF THE AIR FORCE

52D CONTRACTING SQUADRON (USAFE)

Combined Synopsis/Solicitation

Requirement Title: Glideslope Towers

Solicitation Number: FA560624Q0042

Solicitation Issue Date: Thursday, 18 July 2024

Response Deadline: Monday, 19 August 2024 no later than 1500 CEST

Point(s) of Contact: Angelo Minisini, Contracting Officer, angelo.minisini@us.af.mil

2nd Lt Camille Bowen, Contract Specialist, camille.bowen.1@us.af.mil

General Information

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; quotes are being requested and a written solicitation will not be issued.

2. This solicitation is being issued as a(n) Request for Quote (RFQ).

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

Federal Acquisition Circular 05/22/2024 Defense Federal Acquisition Regulation Public Notice 05/30/2024 Air Force Federal Acquisition Circular 06/12/2024

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 334511

Requirement Information

Description:

Two Frangible Glideslope Towers with the required deliverables and services outlined in the attached Statement of Work (SOW)

Place of Delivery/Performance/Acceptance/FOB Point:

Spangdahlem Air Base, Germany. DODF3W008

Line Item Description Quantity Unit Unit Price Extended Price 0001 Frangible glideslope tower with associated equipment 2 EA 0002 Removal and disposal of old infrastructure 1 EA 0003 Installation of new infrastructure 1 EA 0004 Freight 2 EA

Instructions to Offerors

INSTRUCTIONS TO OFFERORS (Addendum to 52.212-1)

QUOTE SPECIFICS:

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In order to be considered for evaluation quotes must include a Price Exhibit, a Technical Exhibit, and a Delivery Schedule.

1. Quote shall include the offeror's Price Exhibit as follows:

a. Contractor shall complete and return the Price Exhibit table, as shown above in the "Requirement Information" section.

2. Quotes shall include the offeror's Technical Exhibit as follows:

a. Specifications Compliance: Contractor shall provide, in sufficient detail, a description of the products being provided as well any accompanying commercial product literature (Drawings, Security features, Materials Used, etc.) in accordance with the specifications cited in the Statement of Work. Note: simply restating the requirement as it is written in the statement of work does NOT constitute "sufficient detail".

b. Past Performance: Provide evidence of previously providing this product and service or a similar product and service, or a statement of no previous experience providing the product, if applicable.

3. Quotes shall include the offeror's Delivery Schedule as follows:

a. Provide expected delivery date and service timeline.

(End of Provision)

- All questions are to be submitted in writing by August 8th, 2024

- Quotes are required to be valid until September 30th, 2024

Evaluation Criteria

BASIS FOR CONTRACT AWARD: (Addendum to 52.212-2) Evaluation of Quotes: In accordance with FAR 12.602(a) and FAR 13.106-2, the following is provided:

a. The Government intends to award a purchase order resulting from this Request for Quotation (RFQ) to the vendor whose quotation conforms to the solicitation and is considered most advantageous to the Government, with price, technical, and delivery factors being considered. Offerers should propose their best solution to meet the stated requirements.

b. The following factors shall be used to evaluate quotations:

1. Price

2. Technical Capability

3. Delivery Schedule

c. Basis of Award: The award will be made to the vendor whose quotation represents the best value to the government.

Award will be made to the vendor who is deemed responsible, responsive, and represents the best value to the government based on trade-off of price and delivery factors, and that is deemed technically acceptable. To be eligible for award, a quotation must meet all technical requirements, conform to all required terms and conditions, and provide all information required as defined in Addendum to 52.212-1. To be rated "technically acceptable" the offer must have an "acceptable" rating in the Technical Factor. The technical area will be evaluated on an "acceptable" or "unacceptable" basis. The Government reserves the right to hold interchanges with all, some, or no quoters. Additionally, if no quotes are rated technically acceptable, the CO has reserved the right to cancel the Solicitation in lieu of conducting interchanges. In

Page 3 of 17FA560624Q0042 Page 3 of 17FA560624Q0042 this case, the Government is under no obligation to release a new Solicitation.

d. Evaluation Process: The evaluation process will begin with the evaluation of all submitted quotes after determining responsiveness. The proposals will then be evaluated for quoter's responsibility using the guidance and general standards set forth at FAR 9.104-1. Any negative entries found may be grounds for determining a quoter non-responsible and would further make them ineligible for award. The proposals will then be arranged by price of remaining responsible and responsive offerors, to be evaluated for technical acceptability. Common United States Government Systems used during this process are:

1. System for Award Management (SAM).

2. Federal Awardee Performance and Integrity Information System (FAPIIS)

3. Excluded Parties List System (EPLS)

4. Supplier Performance Risk System (SPRS)

5. Procurement Integrated Enterprise Environment/Electronic Data Access (PIEE/EDA); and/or

6. The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov

e. If more than one quoter is determined responsible with a technically acceptable proposal, then a trade-off between price and delivery will be determined and the award will be made to that vendor that provides the best value to the Government.

EVALUATION FACTORS:

PRICE EXHIBIT

a. A quote's Total Evaluated Price (TEP) will be determined by the sum of all separately priced CLINs as presented on the combined synopsis/solicitation. If separate CLIN prices AND a TEP are not included, not clearly stated, miscalculated and/or not understandable, the offer may be rejected as non- responsive and the Government is under no obligation to hold interchanges with that quoter.

TECHNICAL EXHIBIT

a. Each technical factor will be evaluated on an acceptable/unacceptable basis and assigned a rating on whether the quote meets the solicitation requirements. Extra credit will not be assigned for exceeding the acceptable/ unacceptable criteria.

A rating of "Acceptable" will be required in the factor to be eligible for award.

b. Technical Acceptable/Unacceptable Ratings

1. Rating Descriptions:

Acceptable: Quote meets the requirements of the solicitation.

Unacceptable: Quote does not meet the requirements of the solicitation.

c. Technical Factor 1

Description: Specifications Compliance

Measure of Merit: Contractor provided, in sufficient detail, a description of the product being provided, as well the accompanying commercial product literature (Drawings, Security features, Materials Used, etc.) that met the specifications cited in the attached Statement of Work. The quote must meet and address all components of

Page 4 of 17FA560624Q0042 Page 4 of 17FA560624Q0042 the Statement of Work provided in Attachment 1 to be determined "Acceptable". Failure to do so may result in the offer being rejected as non- responsive and the Government is under no obligation to hold interchanges with that quoter.

Technical Factor 2

Description: Past Performance

Measure of Merit: Contractor provided evidence of previously providing this product and service or a similar product and service, or a statement of no previous experience providing the product, if applicable.

DELIVERY SCHEDULE

a. Offerors are encouraged to provide their most competitive delivery schedule and timeline for service completion.

(End of Provision)

Clauses and Provisions

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 posted at FAR 52.212-3 have been entered or updated electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal in the last 12 months, and are current, accurate, complete, and applicable to this solicitation. Alternatively, if the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision and include a completed copy with its offer.

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 ✖

52.204-27 Prohibition on a ByteDance Covered Application ✖

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 52.222-19, Child Labor--Cooperation with Authorities and Remedies✖

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

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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:

52.203-12, Limitation on Payments to Influence Certain Federal Transactions

52.204-7, System for Award Management

52.204-13, System for Award Management Maintenance

52.204-16, Commercial and Government Entity Code Reporting

52.204-18, Commercial and Government Entity Code Maintenance

52.204-22, Alternative Line Item Proposal

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab or Other Covered Entities

52.211-6, Brand Name or Equal

52.225-14, Inconsistency Between English Version and Translation of a Contract

52.232-18, Availability of Funds

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

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

252.203-7002, Requirements to Inform Employees of Whistleblower Rights

252.203-7005, Representation Relating to Compensation of Former DoD Officials

252.204-7003, Control of Government Personnel Work Product

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

252.204-7024 Notice on the Use of Supplier Performance Risk System

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

252.211-7008, Use of Government-Assigned Serial Numbers

252.223-7008, Prohibition of Hexavalent Chromium

252.225-7041, Correspondence in English

252.225-7043, Antiterrorism/Force Protection for Defense

252.225-7048, Export-Controlled Items

252.229-7000, Invoices Exclusive of Taxes or Duties

252.229-7002, Customs Exemptions (Germany)

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

252.232-7006, Wide Area Workflow Payment Instructions

252.232-7008, Assignment of Claims (Overseas)

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252.232-7010, Levies on Contract Payments

252.233-7001, Choice of Law (Overseas)

252.244-7000, Subcontracts for Commercial Items

5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS)

5352.223-9001, Health and Safety on Government Installations

The following provisions and clauses are hereby included by full text:

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipmentor Services --Representation.

As prescribed in 204.2105 (b), use the following provision:

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES --

REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services --Representation, that it “does not provide covered defense 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.”

(a) Definitions. “Covered defense telecommunications equipment or services,” “covered mission,” “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https:// www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services --Representation, that it “does” provide covered defense 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer;

product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number;

and item description, as applicable).

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

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity

Page 7 of 17FA560624Q0042 Page 7 of 17FA560624Q0042 name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

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

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (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;

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(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)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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

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

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

Covered telecommunications equipment or services means -

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

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

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

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

Critical technology means -

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

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

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

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

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

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

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

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

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

Substantial or essential component means any component necessary for the proper function or performance of a piece of

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(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

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

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

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

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

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

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

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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.

(End of provision)

52.209-7 Information Regarding Responsibility Matters.

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

Information Regarding Responsibility Matters (Oct 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov

(End of clause)

52.252-6 Authorized Deviations in Clauses.

Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

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

(End of clause)

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252.229-7001 Tax Relief.

TAX RELIEF --ALTERNATE I (APR 2020)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: Mehrwertsteuer RATE (PERCENTAGE): 19%

(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(d) Tax relief will be claimed in Germany pursuant to the provisions of the Agreement Between the United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the Interest of Common Defense. The Contractor shall use Abwicklungsschein fuer abgabenbeguenstigte Lieferungen/Leistungen nach dem Offshore Steuerabkommen (Performance Certificate for Tax-Free Deliveries/Performance according to the Offshore Tax Relief Agreement) or other documentary evidence acceptable to the German tax authorities. All purchases made and paid for on a tax-free basis during a 30-day period may be accumulated, totaled, and reported as tax-free.

End of clause

252.232-7006 Wide Area Workflow Payment Instructions.

As prescribed in 232.7004 (b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

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

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow

(WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment

Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall --

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov;

and

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(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items --

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the

Contracting Officer.

__________Invoice and Receiving Report_____________________________________________

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

______Invoice 2in1______________________________________________________

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA5606

Admin DoDAAC** FA5606

Inspect By DoDAAC Destination F3W008

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Ship To Code F3W008

Ship From Code

Mark For Code

Service Approver (DoDAAC) F3W008

Service Acceptor (DoDAAC) Destination F3W008

Other DoDAAC(s)

Not Applicable

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix

F.

(g) WAWF point of contact. Tasha McIntyre Ray, tasha.mcintyre_ray.1@us.af.mil

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

_______Contracting Officer________Angelo Minisini, angelo.minisini@us.af.mil_________________

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

As prescribed in 5301.9103 Solicitation Provision and Contract Clause , insert the following clause:

OMBUDSMAN ( OCT 2019 )

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

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman

Primary:

Mr. Joseph F. Lyden

AFICC/KU, UNIT 3103, APO, AE 09094-3103

AFICC/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany E-mail:

joseph.lyden@us.af.mil

Tel: DSN: (314)480-2209 Fax: (49)-6371-47-2025

Page 16 of 17FA560624Q0042

Alternate:

Ms. Heidi Hoehn

AFICC/KU, UNIT 3103, APO, AE 09094-3103

AFICC/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany E-mail:

heidi.hoehn.de@us.af.mil

Tel: DSN: (314)480-9330 Fax: (49)-6731-47-2025

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/ SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

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

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

5352.242-9000 Contractor Access to Air Force Installations

As prescribed in 5342.490-1 Contract clause , insert a clause substantially the same as the following clause in solicitations and contracts:

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS ( OCT 2019 )

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air…