FA7000-20-R-0007 VTE Elevators RFQ - Amend 0001.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 mailto:leila.bussey@us.af.mil mailto:david.willers@us.af.mil mailto:leila.bussey@us.af.mil

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.

mailto:david.willers@us.af.mil http://www.sam.gov/

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 $500,000.00 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 $100,000.00 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 $100,000.00 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) http://www.fapiis.gov/ http://www.cpars.gov/

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. 2020-08.

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in 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— 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 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989H0G40RF https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1216363765 any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

(d) Representation. The Offeror represents that— (1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

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

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

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

or https://www.sam.gov/

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

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

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

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

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

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

(End of provision)

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

https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989H0G40RF https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1968408723 https://www.acquisition.gov/dfars/part-237-service-contracting#DFARS-237.7603

(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. 2020-08.

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

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(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 https://www.acquisition.gov/dfars/part-252-clauses#DFARS-252.237-7023

(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 equipment, system, or service.

(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 items.

(End of clause) https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989GI040ZO https://dibnet.dod.mil/ https://dibnet.dod.mil/

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…