GSA 47QTCB20R0038 RFP Final.pdf
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- Internet 101 Street Front Galena, AK Federal contract opportunity
- Solicitation number
- 47QTCB20R0038
- Issued by
- GSA Federal Acquisition Service
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, in conjunction with FAR 13.5, as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested. The solicitation number is 47QTCB20R0038 and is issued as a Request for Proposals. The associated North American Industrial Classification System (NAICS) code for this procurement is 517311 Wired Telecommunications Carriers.
PLEASE READ RFP AND FOLLOW INSTRUCTIONS.
Solicitation Number: 47QTCB20R0038
Status: Open Market
Contracting Office Address:
General Services Administration 1800 F St, NW 4th Floor Washington, DC 20405
This RFP only applies to vendors who can meet or exceed the requirements for the location at Galena, AK under North American Industrial Code 517311 - Wired Telecommunication Carriers and Product Service Code D304- Telecommunications and Transmissions Services. No other Proposals from any other vendor(s) will be accepted.
B. Pricing
B.1 Contract Line Items (CLINs)
The price schedule shall reflect the complete costs to perform the stated requirements. Proposals submitted shall be in sufficient detail to allow for thorough evaluation. Proposals that are unrealistic in terms of technical and management commitment or unrealistically low in price will be deemed reflective of an inherent lack of management and technical competence or indicative of failure to comprehend the complexity and risk of the contract requirements. This may be grounds for rejection of the proposal.
B.2 Schedule
31 Month Performance
Period
Quantity Unit of Issue
Unit Price
Description of Services Install 10 Mb Terrestrial
Internet Service at Service Location
1 EA
Monthly Charge 1 EA
TOTAL
Proposal pricing is firm-fixed-priced to accomplish the requirements stated in Section C. Total pricing shall include all task associated with providing the deliverables.
Price / Supporting Documentation – Commercial pricing brochures and supporting documentation may be submitted to validate cost of installation at site.
Assumptions - Contractors must submit, under a separate cover page, all (if any) assumptions upon which the Price Proposal is based.
When evaluating the price proposal, a determination shall be made as to the reasonableness and the completeness of the price proposal. The Government shall use their price analysis to determine whether the proposed price is fair and reasonable.
C. Statement of Work (SOW)
C.1 Introduction
The Department of the Interior relies on network communications between all DOI agencies to perform day to day operations of federally managed lands in Alaska. Remote parts of Alaska currently use satellite communications circuits to connect to the DOI network. Due to the physical characteristics of satellite communications, this service does not allow for reliable and efficient network utilization which is having a substantial impact on the ability of DOI agencies to fulfil their mission of management in Alaska.
C.2 Background
Satellite circuits have an extreme amount of delay known as latency which causes significant degradation in network performance and/or outright loss of services. Satellite circuits have latency greater than 500 milliseconds with an average of 750 milliseconds for service in Alaska. Latency this extreme makes reliable network communications impossible and is resulting in a loss of network connections for the Koyukuk/Nowitna
NWR which is having a significant effect on F&WS staff and their ability to perform their duties. This includes inability of users to complete required annual training via computer. Inability to reliably credential new users to HSPD-12 standards due to the light credentialing systems timing out before credential certificates can be loaded. Inability for help desk staff to reliably perform technical service through remote administration. In many cases, technicians are unable to remotely access user computers, and when they do, routine tasks often take considerable time.
C.3 Scope
DOI is requesting terrestrial internet circuits since they are experiencing almost a total loss of communications at remote sites throughout Alaska via existing satellite links. DOI is requesting 10 Mb terrestrial internet service at this location to provide sufficient bandwidth for multiple users at the agency location.
Oversubscribed internet service will be accepted but the oversubscription ratio is to be no greater than a 5 to 1 ratio. The internet connection must allow for a LAN-to-LAN connection to the DOI network in Anchorage.
Connection latency must be 125 milliseconds or less to allow for maximum network efficiency and stability.
Contractor will establish new service without affecting existing service to the locations listed below.
Contractor will notify customers 7 days prior to installation to ensure that appropriate DOI personnel can be on sight, if required. DOI personnel will be responsible for coordinating follow on disconnects after the new service has been accepted.
C.4 Place of Performance
The requested internet service will be provided for the Koyukuk/Nowitna National Wildlife Refuge, located at 101 Front St, Galena AK 99741. DOI is requesting that this service be for 31 months composed of the following periods of performance:
Base Period- October 18, 2020-May 31, 2021 Option 1- June 1, 2021-May 31, 2022 Option 2- June 1, 2022-May 31, 2023
C.5 Security Guidelines
There are no special security requirements for the contractor.
D. Packaging and Marking- N/A
E. Inspection and Acceptance
E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses.
(a) Federal Acquisition Regulation: https://www.acquisition.gov/far/
(b) General Services Acquisition Manual: https://www.acquisition.gov/GSAM/gsam.html
FAR
CLAUSE NO.
CLAUSE TITLE AND DATE
52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996)
52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)
52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
https://www.acquisition.gov/far/ https://www.acquisition.gov/GSAM/gsam.html
E.2 TESTING
(a) Testing means that part of inspection that determines the properties or elements, including functional operation of services/supplies or their components, by the application of established industry standards, scientific principles and procedures. The Contractor shall, using the nomenclature provided, classify, conduct and provide the Government with information resulting from all functional, performance, and interoperability tests sufficient to ensure the service is operational. Failure to meet the requirements of any portion of a test shall be deemed a failure of the entire test.
(b) Upon completion of installation test(s), the Contractor shall notify the authorized Government representative in writing that these tests has been completed, as this marks the beginning of the thirty
(30) day acceptance period described in E.4.
(c) For service not previously provided by the Contractor at the required location or when establishing new service, the Contractor shall provide the GSA COR an electronic copy of the Functional Test Certification no later than five (5) calendar days after the cutover of services. Any outstanding exceptions or discrepancies shall be identified. Plans for resolution of the exceptions or discrepancies and the completion date for implementation of those plans shall be included in the Certification. The Certification shall state that all service/system tests were completed according to established industry standards and that the service is operational. Beginning of the thirty (30) day acceptance period shall not start until all deficiencies are corrected.
E.3 STANDARDS AND GUIDELINES
The Contractor shall inspect all services and equipment, as well as test all equipment to ensure that the standards, regulations, and guidelines addressed in Section C are met.
E.4 ACCEPTANCE TEST PERIOD
No payments will be made by the Government to the Contractor for any services performed by the Contractor in support of this Contract until the services performed have been accepted, irrespective of the Government’s beneficial use of partially complete or partially operational equipment and/or service, irrespective of the length of time of said beneficial use pending acceptance, and irrespective of the substantiality of the Contractor’s performance. The parties hereby agree that the beneficial use of equipment and/or services before the effective date of the Government’s acceptance is purely incidental to such testing and that no additional sums are due to the Contractor. Further, payment for the acceptance test period will be due only for the successful consecutive 30-day period.
The 30-day period will begin when the requirements in E.2 (b) are met and not before the service is required by the Government. Service will be considered acceptable if the Government does not identify problems within the 30-days after notification.
F. Deliveries or Performance
F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses.
a Federal Acquisition Regulation: https://www.acquisition.gov/far/ b General Services Acquisition Manual: https://www.acquisition.gov/GSAM/gsam.html https://www.acquisition.gov/far/ https://www.acquisition.gov/GSAM/gsam.html
FAR
CLAUSE NO.
CLAUSE TITLE AND DATE
52.242.15 STOP-WORK ORDER (AUG 1989)
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
52.247-34 F.O.B. DESTINATION (NOV 1991)
F.2 Performance Standards for Installation of Internet Service
The Government will work with the Contractor to schedule installation for the delivery site. The Contractor and Government will come to a mutual agreement on how and when installation will occur.
G. Contract Administration
G.1 Points of Contact
GSA Point of Contacts:
The Primary POC for this RFP is:
Jacqueline T. Stanback Contracting Officer Telecom Services Contract Operations Division 3 Office of Information Technology Category (ITC) Federal Acquisition Service (FAS) 1800 F Street NW Washington, DC 20405 jacqueline.stanback@gsa.gov 215-446-5839
The Contracting Officer is the only person authorized to make or approve any changes to any of the requirements of this contract and notwithstanding any clauses contained elsewhere in this contract, this authority remains solely with the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. All questions concerning the contract will be directed to the GSA Contracting Officer.
The contractor shall contact the Contracting Officer with any questions regarding performance issues.
G.2 Trouble Reporting Contact
The Contractor shall provide a single point of contact for trouble handling. The Government will submit trouble reports to the point of contact 24 hours a day, 7 days a week. The Contractor shall receive trouble reports by a toll-free telephone number, electronic mail, facsimile, or web site. The Contractor’s point of contact shall be responsible for coordinating trouble isolation and repair efforts within the Contractor’s organization, between the Contractor and other service providers, and with the COR reporting the trouble.
The point of contact shall be responsible for escalating troubles not resolved in the required time frames.
The point of contact shall stay actively involved with the trouble resolution process from start to completion, including the use of cooperative, end-to-end testing when troubles remain unresolved or become chronic.
The Contractor shall resolve trouble reports on a routine and emergency basis and notify the COR accordingly.
mailto:jacqueline.stanback@gsa.gov
G.3 Invoice Requirements The Contractor shall deliver invoices and billing support data to GSA and customer organizations via paper or electronic format on a media to be determined by the Government and the contractor after contract award.
Each invoice shall contain all pricing components in sufficient detail necessary to reconcile charges with monthly recurring charges, completed orders, and actual usage. The Contractor shall ensure that all charges, credits, and debits are shown on the invoice and that no additional data are required by GSA to verify the price of a call or feature and verify the amount of discounts, credits or debits. When service is ordered or disconnected, the invoice shall reflect the order number, action (add/remove or in/out), related phone number or circuit number, date the action was completed, the CLINs related to the order number and the cost associated with each CLIN.
As a part of the monthly invoice, the Contractor shall provide a summary of each CLIN. The summary shall include by CLIN: CLIN description, quantity of each CLIN billed, CLIN cost, and total amount billed for each
CLIN.
H. Special Contract Requirements
H.1 Contract Type
This is a commercial contract issued in accordance with FAR Part 12, and FAR Part 13. This task is an open market award FFP (firm fixed price), funded monthly through TOPS. The POP will be will be October 18, 2020 through May 31, 2023.
H.7.4 508 Compliance
The Industry Partner shall support the Government in its compliance with Section 508 throughout the development and implementation of the work to be performed. Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) requires that when Federal agencies develop, procure, maintain, or use electronic information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who do not have disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.
Applicable standards are 1194.21-1194-26
The Industry Partner should review the following websites for additional 508 information:
http://www.section508.gov/index.cfm?FuseAction=Content&ID=12 http://www.access-board.gov/508.htm http://www.w3.org/WAI/Resources The Contractor must indicate in its quote where full details of compliance to the identified standards can be found, such as vendor’s website, etc.
H.7.5 Privacy Act
Work on this project may require that personnel have access to Privacy Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.
I Contract Clauses http://www.w3.org/WAI/Resources
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) is incorporated by reference.
I.1 52.212-4 Contract Terms and Conditions- Commercial Items (Jan 2017) is incorporated by reference.
I.2 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.
Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Nov 2017)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.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:
[Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (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).
___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.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)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.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) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.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 (Nov 2016) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.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) (15 U.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 (Dec 2015) (15 U.S.C. 637(m)).
___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.
13126).
__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
___ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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) (42 U.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 (42 U.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 (Jun 2016) (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 Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
___ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
__X_ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
4505), 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X__ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).
_X__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
_X__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).
___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:
[Contracting Officer check as appropriate.]
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.
3509).
(ii) 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)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
52.204-24 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— 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_1968408723 https://www.sam.gov/
(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)
52.204-25 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 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989GI040ZO https://dibnet.dod.mil/ https://dibnet.dod.mil/
(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)
52.204-26 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)
I.3 52.217-8 Option to Extend Services (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.
(End of Clause)
I.4 52.217-9 Option to Extend the Term of the Contract (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.
https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1124452424 https://www.sam.gov/
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 31 months.
(End of Clause)
I.5 52.237-3 Continuity of Services
(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to --
(1) Furnish phase-in training; and
(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.
(b) The Contractor shall, upon the Contracting Officer’s written notice,
(1) furnish phase-in, phase-out services for up to 90 days after this contract expires and
(2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required.
The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer’s approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.
(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.
(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.
(End of Clause)
J. List of Attachments- SF 1449
K. Representations, Certifications, and Other Statements of Offerors
K.1 Representations and Certifications (ORCA)/SYSTEM FOR AWARD MANAGEMENT (SAM)
Contractors shall use the ORCA/SAM electronic systems for the submission of Representations and Certifications https://orca.bpn.gov/ .
Dun and Bradstreet Number and Tax Identification Number (TIN) shall be provided in the proposal.
Note: The System for Award Management (SAM) will be checked upon receipt of proposal to ensure representations and certifications are current and accurate.
L. Instructions
L.1 Important Notices
The firm shall submit questions on the RFP to Jacqueline T. Stanback at jacqueline.stanback@gsa.gov no https://www.google.com/url?q=https://orca.bpn.gov/&sa=D&source=hangouts&ust=1545488880489000&usg=AFQjCNFR3JdgKqjLXIeL_SWqitgcFN-2Fw later than July 23, 2020 by close of business (COB).
L.2 Due Date for Responses
The due date for your firm’s response is July 31, 2020 by COB. A proposal shall be sent electronically to Jacqueline T. Stanback at jacqueline.stanback@gsa.gov and Ben Reed ben.reed@gsa.gov , subject line:
“Response to Solicitation 47QTCB20R0038”
Read the entire RFP document prior to preparation of your proposal. An incomplete proposal may be rejected without further consideration.
The contractor is advised that it’s Technical and Price Proposals, if accepted by the Government, will form binding parts of the firm-fixed-price contract that results from this solicitation. Therefore, care must be taken to properly address the requirements set forth in the RFP.
The contractor is required to provide the signed copy of the SF-1449, complete technical, and price proposals.
These instructions set forth requirements for the preparation and submission of proposals and establish the required format and specific content of each offer. This is to ensure completeness and suitability for both evaluation purposes and the cohesiveness of the resulting contract.
To aid in evaluation of Proposals, each proposal shall be clearly and concisely presented in writing (telephonic and telegraphic offers will not be accepted). Include all information required by this RFP, with pages numbered and logically assembled. Each proposal shall identify the name of the contractor, date of submission, RFP number, and other details as may be required.
L.3 Response Preparation
A. Technical Proposal Instructions The Government reserves the right to evaluate the proposal and award a contract without additional exchanges of information. Therefore, the initial proposal should contain the Contractor’s best terms from both a price and technical standpoint.
The firm’s pricing shall remain firm for at least 60 calendar days after submittal.
Page format will be Times New Roman font size 12, no less than single spaced lines with a one-inch margin from top and bottom of the page and one inch margin to the left and right. All pages shall be numbered.
Any cover pages or table of contents pages will count toward the total page count.
EXCEPTIONS: Any Exceptions to the requirements of this solicitation must be provided on a separate document with the Title: “EXCEPTIONS TO RFP 47QTCB20R0038”. Exceptions must cite the page number and paragraph number and language in the RFP to which the firm is taking exception, and then state their exception and the reason for the exception.
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