FA7000-20-R-0007 VTE Elevators RFQ.pdf

Vertical Transportation Equipment Request for Quote # FA700020R0007

This combined synopsis/solicitation is for a commercial service prepared in accordance with (IAW) the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This Request for Quote (RFQ) is issued as solicitation number FA700020R0007 in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2020-08, published 14 July 2020. The North American Industry Classification System Code (NAICS) is 238290, Other Building Equipment Contractors, and the size standard is $16,500,000.00. This acquisition is a 100% small business set-aside. All responsible Small Businesses may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, USAF Academy (USAFA).

This solicitation is being issued IAW FAR Parts 12 and 13 as an RFQ. IAW FAR 13.004, in all instances throughout this solicitation any use of the word “proposal” should be understood as “quote”. All instances of the word “offeror” should be understood as “quoter”. All instances of the word “award” should be understood as “order”. Quotes supplied in response to this solicitation are not binding. The contract will be awarded IAW 52.212-2, found herein.

The government bears no legal liability for cost associated with this request for quote. Vendors should not submit a quote unless they are willing to absorb all costs associated with submitting a quote.

Please read and comply with all requirements for submitting a quote under the solicitation instructions and the addenda to FAR 52.212-1. Failure to comply with all instructions contained within this combined synopsis/solicitation could result in the quote being ineligible for award. It is the offeror’s responsibility to ensure their quote meets all the requirements identified herein.

I. DESCRIPTION OF SERVICE

The Contractor shall provide maintenance, repair and replacement on existing vertical transportation equipment (VTE). Maintenance, repair and replacement are actions to restore equipment to a state in which it may safely perform its required operations as installed in accordance with the manufacturer’s recommendations. In addition, alterations/modernization of existing VTE may also be performed. The typical alteration results in a betterment to the safe operation of the equipment. The Contractor shall provide all management, tools, supplies, equipment, parts and labor necessary to maintain, repair, and inspect the real property VTE at the United States Air Force Academy, CO in a manner that will ensure continuous and safe operation. All contractor-owned equipment shall be furnished in new condition (not refurbished), and shall be maintained by the contractor, as required, to insure continuous operation for the duration of this contract.

The following FAR clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items (Mar 2020), addenda applies:

FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (Mar 2020) is incorporated by reference

Addendum to FAR 52.212-1, Instructions to Offerors -- Commercial Items (Mar 2020):

NOTICE TO OFFERORS: 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 a quoter for any costs.

Quotes must comply with all instructions contained IAW FAR 52.212-1 and the addenda to FAR 52.212-1, Instructions to Offerors--Commercial Items (listed below). The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, tax identification number, size of business and a statement that the quote is valid for a minimum of 60 days. The Contracting Officer is not responsible for locating or obtaining any information not identified in the quote.

1. General Instructions. To assure timely and equitable evaluation of quotes, the quoter must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in a quote being ineligible for award.

Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

A site visit will be conducted on Thursday, 6 August 2020 at 9:00 a.m. Mountain Daylight Time (MDT) at USAFA IAW the letter previously published on 22 July 2020. Quoters planning to attend the site visit shall provide the requested information to Ms. Leila Bussey (leila.bussey@us.af.mil) no later than 12:00 pm MDT on 30 July 2020. If a prospective quoter has not yet contacted the Contracting Officer, please notify her immediately. This information must be provided in advance in order to ensure access to the installation. Only one representative from each company will be permitted to attend the site visit. If the representative’s name is not provided; they will not be able to attend site visit. All attendees shall arrive at the USAFA South Gate Pass and Registration Office (Bldg 8486), 8486 South Gate Blvd, USAFA, no later than 8:30 am MDT on 6 August 2020 to check-in prior to the site visit.

All questions shall be submitted no later than 12:00 p.m. MDT, 10 August 2020 by email to the attention David Willers, Contract Specialist at 719-333-8925, david.willers@us.af.mil and Leila Bussey, Contracting Officer at 719-333-8203, leila.bussey @us.af.mil.

Quotes and contract documentation are required to be submitted by 12:00 pm MDT, 18 August 2020. Please submit quotes by e-mail to the attention of David Willers, Contract

Specialist at 719-333-8925, david.willers@us.af.mil and Leila Bussey, Contracting Officer at 719-333-8203, leila.bussey@us.af.mil. Please submit no more than 20 pages in response to this request. After 20 pages, the Contracting Officer will not continue to evaluate information. One page is considered to be one side of an 8 ½” x 11” piece of paper in a minimum of 12 font, single spaced. It is the quoter’s responsibility to complete their representations and certifications at www.sam.gov for the quote to be eligible to be evaluated for award.

Prices quoted must be Firm-Fixed Price to include shipping and handling charges based on F.O.B Destination.

Late submissions: Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and may not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition. If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

The contractor’s quote/response shall consist of three (3) separate parts:

Part I – Price Quote Part II – Technical Requirement Part III – Past Performance

2. Format and Specific Instructions.

A. PART I – PRICE QUOTE

The quoter shall submit on company letterhead a quote identifying the monthly price and extended price for CLINs X001, a lump sum price for CLIN X002, and a monthly price for CLIN 0003, as well the overall total contract price. The quote must be submitted for one five-year ordering period and two one-year option periods. Complete the CLIN Schedule below.

Price Quote: The Extended Price for CLIN 0001 must reflect 60 months. The Extended Price for CLINs 1001 and 2001 shall reflect 12 months. DO NOT BID CLIN 0002, 1002, and 2002.

Monthly Extended Price CLIN Description Qty Unit Price (Monthly Price X 60)

0001 Full Service VTE Maintenance and Repair 60 Mo $________ $_________EST

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain, and repair the VTE’s at USAFA in accordance with the Performance Work Statement (PWS) dated 20 May 2020.

Period of Performance – 1 October 2020 to 30 September 2025 (60 months).

0002 Over and Above 1 Lump Sum $50,000.00 EST

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the period of 1 October 2020 to 30 September 2025.

As requirements are identified; price will be negotiated at the task order level.

0003 Transition 1 Lot $_________ $_________EST

Provide all management, tools, supplies, parts, equipment, and labor necessary to allow transition between the outgoing and incoming contractor. Mobilization of personnel, tools, supplies, and equipment needed on contract start date should be included IAW PWS dated 20 May 2020 Period of Performance – 1 September 2020 to 30 September 2020.

Monthly Total Price CLIN Description Qty Unit Price (Monthly Price X 12)

1001 Full Service VTE Maintenance and Repair 12 Mo $________ $_________EST

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain, and repair the VTE’s at USAFA in accordance with the Performance Work Statement (PWS) dated 20 May 2020.

Period of Performance – 1 October 2025 to 30 September 2026 (12 months).

1002 Over and Above 1 Lump Sum $10,000.00 EST

This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the period of 1 October 2025 to 30 September 2026.

2001 Full Service VTE Maintenance and Repair 12 Mo $________ $_________EST

NONPERSONAL SERVICES: Provide all management, tools, supplies, parts, equipment, and labor necessary to inspect, maintain, and repair the VTE’s at USAFA in accordance with the Performance Work Statement (PWS) dated 20 May 2020.

Period of Performance – 1 October 2026 to 30 September 2027 (12 months).

2002 Over and Above 1 Lump Sum $10,000.00 EST This CLIN may be used for requirements in accordance with the excluded services paragraph within the PWS for the period of 1 October 2026 to 30 September 2027.

OVERALL TOTAL PRICE $_________________________

B. PART II – TECHNICAL REQUIREMENT

Technical Subfactor 1: Offeror shall submit a copy of its current, valid Conveyance Contractor License issued by the State of Colorado, Colorado Department of Labor and Employment Division of Oil & Public Safety.

Technical Subfactor 2: Offeror shall submit a Mission Essential Contractor Services Plan IAW DFARS 252.237-7024, Notice of Continuation of Essential Contractor Services.

C. PART III – PAST PERFORMANCE

The offeror shall submit past performance citations for no more than five recent contracts they consider relevant that demonstrate the ability to perform the USAFA VTE requirement. Each citation shall be no more than three pages in length. A recent citation is an effort that is ongoing or was performed during the past five years from the date of issuance of the solicitation. A relevant citation is an effort that involves similar scope and magnitude that this solicitation requires.

Provide the following information for each past performance citation submitted:

(a) Company Name/Division

(b) Contracting Agency/Customer

(c) Contract Number and Task/Delivery Order (if applicable)

(d) Contract Dollar Value

(e) Period of Performance

(f) Role for each citation (ie. prime contractor, subcontractor, partnering, etc) and proportion of work performed

(g) A detailed description of the services rendered and the types of vertical transports

(h) Email address and telephone number of the Contracting Officer

(i) Email address and telephone number of the Contracting Officer Representative

(j) Email address and telephone number of the customer

(k) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions. Describing mitigating circumstances or actions taken to correct the unacceptable condition and prevent recurrence.

The Government will use both the information submitted by the offeror and any other sources of information available to the Government to assess past performance, to include, but not limited to: Contract Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), www.sam.gov, and other databases.

(End of Provision)

Addendum to FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014).

1. Evaluation:

By submission of its offer, the offeror agrees to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to adhere to all solicitation requirements may result in an offer being determined unacceptable and ineligible for further evaluation. The determination to eliminate an offeror from further evaluation for failure to adhere to solicitation requirements is at the Government’s sole discretion. The evaluation process shall proceed as follows:

Step I – Price Quote Evaluation

First, the Government shall place all quotes that meet the requirement of the solicitation in order by price, beginning with the lowest total evaluated price (TEP). The TEP will be calculated by obtaining the CLIN information provided in Adendum to FAR 52.212-1, and calculated as follows:

Total Evaluated Price (TEP) = CLIN 0001 + CLIN 0002 + CLIN 0003 + CLIN 1001 + CLIN 1002 + CLIN 2001 + CLIN 2002 + Six Month Extension Price*

*Six Month Extension Price – The Government will evaluate the price of the six month extension by taking the annual price for the second option period and multiplying it by 50%. This six month extension calculation will only be used during the evaluation of proposals. The actual value for the 6 month extension will be determined IAW FAR 52.217-8, Option to Extend Services, if and when the six month extension is exercised during contract performance.

Evaluation of options shall not obligate the Government to exercise such options.

The Government will then evaluate the lowest TEP offer to determine if it is reasonable, complete, and balanced. Offers should be sufficiently detailed to demonstrate completeness and balance. The burden of proof for credibility of quoted prices rests with the offeror. If there is a conflict between the monthly price and the extended price, the monthly price will be used to determine the correct total evaluated price. The Government may also determine a quote unacceptable should the quoted prices be unbalanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more items is significantly overstated or understated. Failure to quote for any Price Element, may cause the offeror’s quote to be rejected as unacceptable.

Step II – Technical Requirement

Next, the lowest total evaluated priced offeror will be evaluated on an Acceptable/ Unacceptable basis for the Technical Requirement. In order for the lowest total evaluated priced offeror to receive a rating of Acceptable, both of the Technical Subfactors must receive a rating of

Acceptable. If the lowest total evaluated priced offeror receives an Unacceptable rating in either or both of the Technical Subfactors, the evaluation of that quote will stop.

Technical Subfactor 1: The Government requires the offeror to be a licensed Conveyance Contractor in the State of Colorado and must hold a current, valid Conveyance Contractor License Issued by the State of Colorado. To be rated “Acceptable” for Technical Subfactor 1, the offeror must provide a copy of its current, valid Conveyance Contractor License issued by the State of Colorado, Colorado Department of Labor and Employment Division of Oil & Public Safety. The license must be an active license and have been acquired prior to the closing date of this solicitation. The Government will verify the license is current, valid and issued by the State of Colorado, Colorado Department of Labor and Employment Division of Oil & Public Safety. If the offeror does not provide a current, valid Conveyance Contractor License issued by the State of Colorado or if the Government cannot verify that the license is current, valid, or issued by the State of Colorado, the offeror will receive an Unacceptable rating.

Technical Subfactor 2: The offeror shall submit a Mission Essential Contractor Services Plan IAW DFARS 252.237-7024, Notice of Continuation of Essential Contractor Services. The offeror will receive an Acceptable rating by submitting a Mission Essential Contractor Services Plan. If the offeror does not submit a Mission Essential Contractor Services Plan in accordance with DFARS 252.237-7024, then the offeror will receive a rating of Unacceptable.

Rating Description Acceptable Quote meets the requirements of the solicitation.

Unacceptable Quote does not meet the requirements of the solicitation.

Step III – Past Performance Evaluation

Next, the lowest total evaluated priced, technically acceptable offeror’s past performance citations will be evaluated on an Acceptable/Unacceptable basis. Each citation will be evaluated for the following:

Recency: Each citation shall be considered recent if the effort is ongoing or was performed during the past five years from the date of issuance of the solicitation. If a citation fails this criteria, it will not be evaluated for relevancy.

Relevancy: Each citation shall be considered relevant if the effort includes repair, maintenance, and/or service of at least one of the following: Freight Hydraulic, Passenger Cable, Freight Cable, or Passenger Hydraulic.

In order for the Government to have a reasonable expectation that the offeror will successfully perform the required effort, the offeror must demonstrate that they have performed repair, maintenance, and/or service for ALL of the following: Freight Hydraulic, Passenger Cable, Freight Cable, and Passenger Hydraulic VTEs. If the offeror does not demonstrate that they have performed repair, maintenance, and/or service for ALL VTE’s listed above, the Government would not have a reasonable expectation that the offeror will successfully perform the required effort.

Table A-2. Past Performance Evaluation Ratings Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below)

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of a quoter without a record of past performance or for whom information on past performance is not available on www.sam.gov, www.fapiis.gov, or www.cpars.gov, the quoter shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable".

2. Basis of Award:

If the lowest total evaluated priced, technically acceptable offeror receives an “Acceptable” past performance rating, evaluation of that quote is complete, award will be made to that offeror, and the evaluation process will stop. If the lowest total evaluated priced, technically acceptable offeror receives an “Unacceptable” past performance rating, evaluation of that quote will stop. In that instance, the next lowest total evaluated priced offeror will be evaluated using the methodology above and the process will continue (in order by price) until a technically acceptable offeror is evaluated to have an acceptable past performance rating, or until all offerors are evaluated.

Clarifications conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for a quote revision. The Government intends to award a contract without discussions (while keeping with FAR Part 12 and 13). The Government reserves the right to award one contract or no contract at all.

Quoters shall provide the information described in the addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items. Quoters shall meet all solicitation requirements, such as terms and conditions, representations and certifications, and PWS requirements, in addition to those identified as factors. Failure to comply with the terms and conditions of the solicitation may result in the quoter being ineligible for award. In the case that a discrepancy exists between the addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items and the addendum to FAR 52.212-2, Evaluation – Commercial Items, the evaluation criteria in the addendum to FAR 52.212-2, Evaluation – Commercial Items will take precedence.

(end of provision)

CLAUSES INCORPORATED BY REFERENCE:

FAR Clauses Incorporated by Reference Number Title Effective Date 52.203-3 Gratuities. 1984-04 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

2017-01 52.204-8 Annual Representations and Certifications.

52.204-7 System for Award Management. 2018-10 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 2016-06 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.217-5 Evaluation of Options. 1990-07 52.219-6 Deviation 2019-O0003Notice of Total Small Business Set-Aside (DEVIATION 2019- O0003) 2011-11 52.219-28 Post-Award Small Business Program Representation. 2020-05 52.219-13 Notice of Set-Aside of Orders. 2011-11 52.219-14 Limitations on Subcontracting. 2017-01 52.222-1 Notice to the Government of Labor Disputes. 1997-02 52.222-3 Convict Labor. 2003-06 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-37 Employment Reports on Veterans. 2016-02 52.222-50 Combating Trafficking in Persons. 2019-01 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 52.223-11 Ozone-Depleting Substances and high Global Warming Potentials Hydrofluorocarbins 2016-06 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.228-5 Insurance-Work on a Government Installation 1997-01 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04

DFARS Clauses Incorporated by Reference Number Title Effective Date 252.201-7000 Contracting Officer’s Representative 1991-12 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004(a) 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2016- 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. 2019-05 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7010 Levies on Contract Payments. 2006-12 252.232-7011 Payments in Support of Emergencies and Contingency Operations. 2013-05 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06

Special Contract Requirements

Contract Clauses ADDENDUM 52.212-4(c) Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriations data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)).

(End of Addendum)

ADDENDUM TO 52.216-18

Government Purchase Card The Government Purchase Card (GPC) shall be used to place individual work orders under $2,500. The Government will request a proposal from the contractor, upon which the contractor shall submit a proposal for Government approval. The Government shall verbally call in a work order, followed by written confirmation, to the contractor. Each work order shall be entered into a log which will be forwarded by Civil Engineer (CE) to Contracting monthly. Each order for service shall include: (1) date of order, (2) contract and order numbers, (3) line item, (4) description, (5) quantity, (6) unit price, (7) extended price, (8) performance schedule and (9) place of performance. The contractor will submit an invoice to CE for all work orders completed within the previous month and will be paid by CE with the GPC.

For individual work order $2,500 and greater, CE will initiate a purchase request with estimated funds for a contract task order against line item X002. The Government will request a proposal from the contractor, upon which the contractor shall submit a proposal for Government approval.

Work will commence upon a directive to proceed by the Government. Payment shall be accomplished through electronic invoice submission in Wide Area Work Flow.

(End of addendum)

52.237-1 Site Visit.

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. There will be a site visit at United States Air Force Academy on Thursday, 6 August 2020 starting at 9:00 a.m.

(MDT). All contractors can only have 1 representative attend the Site Visit. Attendees name must be emailed to Ms. Leila Bussey no later than 31 July 2020. If name is not provided; they will not be able to attend site visit. All attendees must sign in at USAFA’s Pass and Registration (Bldg 8486) with Mr. Bob Buller and/or Mr. Robert Frerichs. Prospective offerors will be allowed to individually inspect the site.

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. 2019-12.

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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) 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 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.

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

(1) A description of 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).

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. 2019-12.

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

Covered Telecommunications Equipment or Services-Representation (Dec 2019)

(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.

(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) 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.

(End of provision)

252.237-7024 Notice of Continuation of Essential Contractor Services.

As prescribed in 237.7603(b), use the following provision:

NOTICE OF CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)

(a) Definitions.“Essential contractor service” and “mission-essential functions” have the meanings given in the clause at 252.237-7023 , Continuation of Essential Contractor Services, in this solicitation.

(b) The offeror shall provide with its offer a written plan describing how it will continue to perform the essential contractor services listed in attachment _1__, Mission Essential Contractor Services, dated 20 May 2020, during periods of crisis. The offeror shall–

(1) Identify provisions made for the acquisition of essential personnel and resources, if necessary, for continuity of operations for up to 30 days or until normal operations can be resumed;

(2) Address in the plan, at a minimum—

(i) Challenges associated with maintaining essential contractor services during an extended event, such as a pandemic that occurs in repeated waves;

(ii) The time lapse associated with the initiation of the acquisition of essential personnel and resources and their actual availability on site;

(iii) The components, processes, and requirements for the identification, training, and preparedness of personnel who are capable of relocating to alternate facilities or performing work from home;

(iv) Any established alert and notification procedures for mobilizing identified “essential contractor service” personnel; and

(v) The approach for communicating expectations to contractor employees regarding their roles and responsibilities during a crisis.

(End of provision)

FAR Clauses Incorporated by Full Text 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 2019-08.

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.

(End of clause)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02 As prescribed in 9.104-7 (d), insert the following provision:

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is [_] is not [_X] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [_] is not [X_] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items. 2019-10 As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Oct2019)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

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

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

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

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

__X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31U.S.C.6101note).

____ (5) [Reserved].

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

____ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

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

____ (10) [Reserved].

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

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

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

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

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

____ (ii) Alternate I (Nov 2011).

____ (iii) Alternate II (Nov 2011).

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

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

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

_X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct2018) (15U.S.C.637(d)(2) and (3)).

____ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug2018) (15U.S.C.637(d)(4)) ____ (ii) Alternate I (Nov 2016) of 52.219-9.

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

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

____ (v) Alternate IV (Aug 2018) of 52.219-9 ____ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15U.S.C.644(r)).

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

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

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15U.S.C.657f).

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

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

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec2015) (15U.S.C.637(m)).

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

_X__(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

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

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

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

_X__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct2015) (38U.S.C.4212).

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

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

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

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

_X__(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X___ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22U.S.C.chapter78 and E.O. 13627).

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

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

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

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

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

13693).

____(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

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

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

____ (39) (i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (Jun2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming…