(U) H92240-21-R-00020002 Conformed MFF-SL Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

H9224021R0002 28-Apr-2021

b. TELEPHONE NUMBER

(757)763-2629/(619)403-1768

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 28 May 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

H922409. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRISTIAN R. SMITH

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SPECIAL WARFARE COMMAND - N01C

ATTN: CHRISTIAN R. SMITH

1300 HELICOPTER RD. BLDG 3854

VIRGINIA BEACH VA 23459

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

(757) 462-2434FAX:

TEL: (757) 763-2629 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

481219

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF59

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

H9224021R0002

Section SF 30 - BLOCK 14 CONTINUATION PAGE

QUESTIONS AND ANSWERS

ITEM Document (e.g.

PWS, Pricing Matrix etc.)

Referenced Section

CONTRACTOR

QUESTIONS / COMMENTS

(Do NOT include any solution-specific or proprietary information)

USG RESPONSE

1 Solicitation H9224021R0002

Addendums

Instruction to Offerors (Page 49) Para 6.a - Tier One Qualification Criteria Instructions

Tier 1 Qualification criteria -the "prime offeror" must meet all four (4) qualification elements to include:

"own/operate FAA Part 135 Certified fixed-wing aircraft, possess/maintain current DoD Air Mobility Command/Commercial Airlift Review Board (AMC/CARB) certification, listed on the current DoD Paratroop Commercial Operator Listing with MFF/SL capability, and hold a current successful (pass) USSOCOM J31 Air inspection."

Question: Will the government accept an offer from a team of companies that includes a Prime / sub-contractor relationship in which a subcontractor owns/operates the aircraft IAW with the criteria above (Part 135/CARB/ J31 Inspection) or, in all cases, must the Prime Contractor own & operate the aircraft?

No. The Government will amend the solicitation to clarifiy the following for Tier One: The Prime Offeror must meet all four (4) qualification elements to include: operate FAA Part 135 Certified fixed-wing aircraft listed on the prime offeror’s FAA certificate in accordance with their approved Operational Specification (OpSpec), possess/maintain current DoD Air Mobility Command/Commercial Airlift Review Board (AMC/CARB) certification, listed on the current DoD Paratroop Commercial Operator Listing with MFF/SL capability, and hold a current successful (pass) USSOCOM J31 Air inspection. In lieu of a successful MFF Inspection by USSOCOM J31, FAA Part 135 offeror(s) may submit documented evidence of requesting to schedule and Government acknowledgement of a

USSOCOM J31 MFF

inspection. Reference Solicitation Amendment 0002.

2 Solicitation H9224021R0002

Addendums

Instruction to Offerors (Page 49) Para 6.a - Tier One Qualification Criteria Instructions

Tier 1 Qualification criteria -the "prime offeror" must meet all four (4) qualification elements to include:

"own/operate FAA Part 135 Certified fixed-wing aircraft, possess/maintain current DoD Air Mobility Command/Commercial Airlift Review Board (AMC/CARB) certification, listed on the current DoD Paratroop Commercial Operator Listing

Yes, as long as prime offeror can demonstrate that the leased aircraft are operated by the prime offeror and listed on the prime offeror’s FAA certificate in accordance with their approved Operational Specification (OpSpec) in addition to the prime offeror demonstrating that it also possesses/maintains current DoD Air Mobility with MFF/SL capability, and hold a current successful (pass) USSOCOM J31 Air inspection."

Question: Is it acceptable for the Prime Offeror to operate leased aircraft?

Command/Commercial Airlift Review Board (AMC/CARB) certification, is listed on the current DoD Paratroop Commercial Operator Listing with MFF/SL capability, and holds a current successful (pass) USSOCOM J31 Air inspection. In lieu of a successful MFF Inspection by USSOCOM J31, FAA Part 135 offeror(s) may submit documented evidence of requesting to schedule and Government acknowledgement of a

USSOCOM J31 MFF

inspection. Reference Solicitation Amendment 0002.

3 Solicitation H9224021R0002

Addendums

Instructions to Offerors (Page 52) Paragraph 7 -

VOLUME 3,

FACTOR 2 –

PAST AND

PRESENT

PERFORMANCE

Question: How will the Government evaluate past performance among a team of companies that includes a Prime / Sub-contractor relationship? Will the government accept & evaluate sub-contractor past performance?

No. The Past and Present Performance evaluation is limited to Prime Offeror's only for this IDIQ level solicitation. Teaming of companies that include a Prime/Sub Contractor relationship may be evaluated further at the TO level.

4 PWS 5. VOLUME 1 –

INTRODUCTION

Page 49 PWS section 5

Volume 1 states a 3 page limit. To clarify we should only need the SF1449 1st page signed, and Amendment 0001 signed in volume 1. Since we have sam.gov we don't need to hand fill in the FAR clauses under the SF1449. Plus, the Contractor Name, Commercial and Government Entity (CAGE) Code, Dun and Bradstreet (DUNs) Number, and Tax Identification Number (TIN), Name, title, telephone numbers, and email address of person(s) to be contacted for clarification or questions pertaining to the proposal

Yes. Offerors may submit only the first page of the SF1449 and associated amendments. SAM information must be provided by either fill-in or copy of SAM registration with applicable detail required.

Reference Solicitation Amendment 0002 for clarifications.

5 PWS 6. VOLUME 2,

FACTOR 1 –

QUALIFICATION

CRITERIA

Volume 2 should be answer all questions in PWS from page 1 to 14 and fill in the Attachment 2 – Qualification Matrix (Tab 1) and (Tab 2) for Volume 2

The premise of Volume 2 will remain unchanged for purpose of the IDIQ level solicitation herein.

Reference 52.212-2, Volume 2, Factor 1 in part "The Government will evaluate the proposal for all qualifying support of core capabilities by verifying the contents of Attachment 2, Qualification Matrix, in addition to supporting documentation required to adequately demonstrate the prime offeror/contractor meeting and/or exceeding the Tier One and/or Tier Two qualification criteria."

6 Solicitation, Instructions to

Offerors

Section 5.

Volume 1-

Introduction, The identified "Page Limit" of Volume 1 is 3-pages, yet vendors are required to complete Standard Form 1449, acknowledge all SF30s, and complete all required Fill-In Clauses.

Should Volume 1 (Introduction) that requires administrative information be "Unlimited"?

Yes. Offerors may submit only the first page of the SF1449 and associated amendments. Reference Solicitation Amendment 0002 for clarifications.

7 Solicitation, Instructions to

Offerors

Section 6 Volume 2-Qualification

Criteria, Page 49 of 53

Vendors are required to complete Attachment 2, Qualification Matrix (Tab-1 or Tab-2). Is it a requirement to submit Attachment 2 in the Excel format or can vendors imbed the Excel Tabs into their Volume 2 response?

Offerors are required to complete and submit the Attachment 2, Qualification Matrix in the same excel format rather than embed the Excel Tabs into their response.

8 Solicitation, Instructions to

Offerors

Section 6 Volume 2-Qualification

Criteria, Page 49 of 53

If a vendor believes they meet the qualifications for both Qualification Matrix Tabs 1 & 2 within Attachment 2, should the vendor complete both Tabs to allow a vendor the ability to bid on TORs released under both Tear One and Tier Two awardee levels?

Yes. Offerors shall certify one or both tabs within Attachment 2, Qualification Matrix. Per Instructions, section 6a: "Offerors shall complete Attachment 2, Qualification Matrix, in addition to providing all required documentation to adequately demonstrate the prime offeror/contractor meeting and/or exceeding the Tier One and/or Tier Two qualification criteria outlined below."

9 Solicitation, Instructions to

Offerors

Section 6 Volume 2-Qualification

Criteria, Page 49 of 53

Instructions state "Supporting documentation should include the most recent audit/survey results conducted by the DoD Commercial Airlift Division and current J31 Air MFF inspection status." As the DoD Paratroop Commercial Operator Listing is not accessible to the public and J31 inspection/audit results are not provided to vendors upon being listed. Please provide acceptable supporting documentation options to be in compliance with the evaluation criteria.

If the Offeror does not have documentation readily available, the expectation is for the Offeror to contact the Commercial Airlift Division and/or USSOCOM J31 directly to obtain adequate support for the proposal submission. Per Evaluation Criteria in Volume 2, Factor 1 states in part, "The verification of the completed Attachment 2, Qualification Matrix, will be conducted by the Government in utilizing the most current and published listings in conjunction with any necessary consultation of such governing bodies as, but not limited to, the Federal Aviation Administration (FAA), USSOCOM J31, and/or Air Mobility Command/Commercial Airlift Review Board (AMC/CARB).

Prime offeror shall be listed on the DoD Paratroop Commercial Operator Listing prior to proposal submission deadline which represents a minimum requirement of both Tier One and Tier Two qualification for award.

10 Military Freefall and Static Line

Support Services, RFP

H9224021R0002, Amendment 0001 dated 28 April

Instructions to Offerors, paragraph 7.

Volume 3, Factor

2 - Past and Present

Performance, p.

Attachment 4: Past Performance Information Form is in non-fillable pdf format. Are the offerors allowed to create Attachment 4 in Word to permit more easy editing provided they do not change the information requested or style of the provided Attachment 4 template?

Yes. Offerors may edit the PDF to add text, handwritten/PDF scan, or otherwise convert to word and complete with same formatting and 12 pitch font in response.

11 Military Freefall and Static Line

Support Services, RFP

H9224021R0002, Amendment 0001 dated 28 April

General Instructions to

Offerors, paragraph 3. p. 48

The template for Attachment 4: Past Performance Information Form text is in Times New Roman, 10-pitch font, with single spaced line spacing. The RFP requires narrative material in the proposal to be no smaller than 12-pitch font and line

Yes. Offerors may edit the PDF to add text, handwritten/PDF scan, or otherwise convert to word and complete with same formatting and 12 pitch font in response.

spacing to be one and one half spaced. Consistent with the Government template, can Attachment 4 be completed in 10-pitch font with single-spaced text?

12 Military Freefall and Static Line

Support Services, RFP

H9224021R0002, Amendment 0001 dated 28 April

Instructions to Offerors, paragraph 7.

Volume 3, Factor

2 - Past and Present

Performance, p.

For Volume 3, Factor 2 - Past and Present Performance, the RFP (P.

50) requires the Contractor to complete Attachment 4 for at least three (3) contracts meeting the required criteria. On page 49, the page limit for Volume 3 is three pages. The RFP implies that each Attachment 4 should be one page long, in which case the page limit for Volume 3 would be a single page (i.e. Attachment

4) for each contract. Is the 3 page limit for Volume 3 per past performance citation, for the entire volume, or one page per Attachment 4 (implying if an offer submits four contracts the page limit would be 4 pages for Volume 3)? If the 3 page limit for the entire volume, since an offeror is allowed to submit more than 3 past performance citations, we request to be allowed to modify the attachment 4 file to contain all the same information but in a more concise manner to facilitate more than three contracts in Volume 3.

Offerors shall comply with the revised page limit for Volume 3, Factor 2.

Reference Solicitation Amendment 0002 for clarifications.

13 Military Freefall and Static Line

Support Services, RFP

H9224021R0002, Amendment 0001 dated 28 April

General Instructions to

Offerors, paragraph 3. p. 48

Can the government please confirm that the SF1449, SF30s, and Reps and Certs do not count against the stated 3-page limit for Volume 1?"

Offerors shall comply with the revised page limitations outlined in the RFP.

Reference Solicitation Amendment 0002 for clarifications. Offerors may submit only the first page of the SF1449 and associated amendments. SAM information must be provided by either fill-in or copy of SAM registration with applicable detail required.

Reference Solicitation Amendment 0002 for clarifications.

14 Military Freefall and Static Line

Support Services, RFP

H9224021R0002, Amendment 0001 dated 28 April

Volume 3, Factor 2 - Past and Present Performance

The RFP (page 50, paragraph 7.a.ii) requires a contract to have a minimum value of $150,000. The evaluation criteria for Volume 3 on page 52 under Relevancy requires a contract size exceeding $50,000. Can the Government please clarify the desired contract size?

Yes. The Volume 3, Factor 2 instructions and evaluation criteria will each reflect the $150,000.00 minimum value for size. Reference Solicitation Amendment 0002 for clarifications.

15 Conformed RFP 6.b. (pg 49) Does the Government intend for Offerors to provide, "verifiable evidence of the prime offeror meeting all four

(4) qualification elements with the proposal? (1) If so, please be advised that the USSOCOM J31 did not provide this Offeror anything written to prove that we have passed MFF inspection. (2) If so, will a separate pdf attachement of requirements 1 through 3 suffice?

If the Offeror does not have documentation readily available, the expectation is for the Offeror to contact the Commercial Airlift Division and/or USSOCOM J31 directly to obtain appropriate documentation for the proposal submission. Per Evaluation Criteria in Volume 2, Factor 1, "The verification of the completed Attachment 2, Qualification Matrix, will be conducted by the Government in utilizing the most current and published listings in conjunction with any necessary consultation of such governing bodies as, but not limited to, the Federal Aviation Administration (FAA), USSOCOM J31, and/or Air Mobility Command/Commercial Airlift Review Board (AMC/CARB).

Prime offeror shall be listed on the DoD Paratroop Commercial Operator Listing prior to proposal submission deadline which represents a minimum requirement of both Tier One and Tier Two qualification for award.

LAST ITEM

Section SF 1449 - CONTINUATION SHEET

AUTHORIZED ORDERING OFFICIALS

a) All USSOCOM HQ, Component, and TSOC Contracting Officers (KOs) are authorized to issue TOs under this

Multiple Award Contract (MAC) with prior coordination with the NSWC, H92240 Contracting Officer, to confirm sufficient capacity is available.

b) Vendor(s) must provide a copy of all orders issued by other offices to the base contract awarding office (H92240) within one (1) week of receiving the order.

c) TOs may be placed either orally or in writing by the cognizant Contracting Officer only.

d) TOs may not be placed against this contract by any other source, unless otherwise permitted by the base contract awarding office (H92240).

CONTRACT MINIMUM / MAXIMUM

a) The minimum quantity and guarantee for this multiple award, Indefinite-Delivery Indefinite-Quantity (IDIQ) contract is represented by the initial Task Order(s) (TO) of $500.00 issued concurrently with the basic contract.

Once the initial TO is issued, the Government is under no further obligation to issue additional orders and serves as the minimum guarantee for the life of the contract.

b) The maximum quantity for all awarded orders shall be any quantity or combination of line items not exceeding $200,000,000.00 This contract shall become effective on the date of award, and the ordering period shall continue in effect for five (5) years unless terminated or extended in accordance with other provisions herein.

c) The maximum quantities on the CLINs are for contract writing system purposes only, the ceiling is established at the contract level.

d) This contract is not funded. All funding with applicable performance and payment instructions will be specified at the TO level.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED

Military Freefall / Static Line Support

FFP

The Contractor shall provide full spectrum Military Free Fall (MFF) and/or Static Line (SL) Support Services in accordance with Attachment 1, Performance Work Statement (PWS) and any subsequent Attachments required at the TO level.

PSC CD: V221

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED

Military Freefall / Static Line Support

T&M Time and Materials associated with Military Freefall and/or Static Line Support Services. Reference additional details at the Task Order level, as applicable.

PSC CD: V221

TOT MAX PRICE

CEILING PRICE

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Origin Government 0002 Origin Government Origin Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-2 Evaluation - Commercial Items OCT 2014 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-4 Alt I Contract Terms and Conditions--Commercial Items (OCT

2018) Alternate I

JAN 2017

52.216-24 Limitation Of Government Liability APR 1984 52.219-1 Alt I Small Business Program Representations (NOV 2020)

Alternate I

SEP 2015

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

MAR 2020

52.219-4 (Dev) Notice of Price Evaluation Preference for HUBZone Small Business Concerns (DEVIATION 2020-O0008)

MAR 2020

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.232-7 Payments Under Time-And-Materials And Labor Hour

Contracts

AUG 2012

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer JUL 2019 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JUL 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

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

(d) Representations. 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

(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 (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

52.209-11 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 [ ] 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 [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

"Small business concern"—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its…