H92240-21-R-0003 Amd 04_Breacher Door_CONFORMED_14Feb22.pdf

SEE ADDENDUM

(No Collect Calls)

H9224021R0003 10-Jun-2021

b. TELEPHONE NUMBER

(619) 433-4098

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 12 Jul 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 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

HOLLY L. DEIGNAN

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

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: HOLLY DEIGNAN

2000 TRIDENT WAY; BLDG 624

SAN DIEGO CA 92155-5583

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

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: (619) 433-4098 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

321911

X

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 OF48

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.

H9224021R0003

Section SF 1449 - CONTINUATION SHEET

CONTRACT INFORMATION

This is a Five (5) Year Multiple Award Blanket Purchase Agreement (BPA) type contract which will be executed via issuance of Firm Fixed Priced Call Orders.

BPA Master Dollar Limit: The total value of all BPA calls issued as a result of solicitation H92240-21-R-0003 shall not exceed $15,000,000.00.

BPA TERMS AND CONDITIONS

The Contractor agrees to the following terms and conditions of the Blanket Purchase Agreement (BPA).

The terms and conditions included in this BPA shall apply to all calls made pursuant to the agreement.

Description of Blanket Purchase Agreement: This Blanket Purchase Agreement is entered into in order to provide a wide variety of commercial items of a general hardware store nature, therefore other items not on the Product Description of a same/similar nature may be added throughout the duration of the BPA. The agreement will involve delivery to multiple locations throughout the Continental United States (CONUS). All calls placed against the Blanket Purchase Agreement are subject to the terms and conditions as set forth in this Blanket Purchase Agreement.

1. Volume of Purchases: The Government’s non-binding estimate of purchases on an annual basis for all types of general hardware items across all of the CONUS is approximately $3,000,000.00 per annum.

2. Obligation of Funds: This Blanket Purchase Agreement does not obligate any funds. Funds will only be obligated by placement of calls issued and authorized purchases actually made under this BPA pursuant to FAR 13.303.

3. Purchase Limitations: An individual purchase under the BPA cannot exceed $7.5M pursuant to FAR 13.303- 5(b)(2)

4. BPA Duration: The BPA expires five (5) years after award. Calls may be issued until date of BPA expiration.

The Government may re-open the BPA solicitation during the five (5) years to refresh the pool of contractors (see paragraph 8c) or in accordance with (IAW) FAR 13.303-5(d) to ensure competition.

5. Authorized Callers and Placement of Call Orders:

a. Individuals authorized to purchase under the BPA (Authorized Callers). All Naval Special Warfare (NSW) and United States Special Operations Contracting Officers, Ordering Officers and Government Purchase cardholders (GPC) may use this Blanket Purchase Agreement in accordance with their delegated purchase authority with prior approval from an H92240 Contracting Officer that sufficient capacity is available. An NSW Contracting Officer will provide specific Authorized Caller information post award.

b. Method of purchase (Call Orders). Call Orders may be placed either orally or in writing. Oral Call Orders may not be in excess of $25K.

c. Call Orders may not be placed against this contract by any other source, unless otherwise permitted in writing by an H92240 Contracting Officer.

d. Call Orders will contain applicable Delivery and Payment instructions.

e. The value and Procurement Instrument Identification Number (PIIN) of Call Orders issued to Defense

Activity Address Codes (DODAACs) other than H92240 shall be forwarded to WCM-CONTRACTS@socom.mil within ten (10) business days of the date of the Call Order by the Government Contracting Officer/Ordering Officer/GPC holder.

6. Invoicing: Individual invoices are to be submitted for each call. IAW FAR 13.303-3(a)(6)(i), a summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

7. Period of Performance: The BPA will be established with a five (5) year ordering period during which calls can be issued. Specific items and delivery locations will be specified at the BPA call level.

8. Supplemental Agreement Terms and Conditions and Re-Opener/Removal Provisions:

a. Establishment of a Blanket Purchase Agreement does not commit the Government to enter into calls with any BPA awardees. The Government anticipates calls will be competed, unless an exception to competition applies (See FAR 13.106-1(b)).

b. Either party (Government or Contractor) may cancel this BPA by providing written notice to the other party via the Contracting Officer. The cancellation will take effect thirty (30) days after the other party receives notice of the cancellation. BPA cancellation does not release the contractor from the duty to continue performance/delivery on existing issued calls or complete BPA reporting requirements.

Ongoing calls continue in accordance with their own delivery dates, even if the BPA is cancelled. If a Call Order is cancelled, procedures at FAR 13.302-4 will be followed.

c. Reopener Provision: The Government reserves the right to refresh the pool of BPA holders, via re-opening of the BPA, every six (6) months, or as otherwise determined by the Contracting Officer. The Government is under no obligation to re-open the BPA to competition. Through re-opening of the BPA, the Government may compete requirements for current or new general hardware supply items.

Procedures described under the provision at FAR 52.212-1 of this solicitation shall govern the evaluation of additional BPA holders.

d. Removal Provision: The Government reserves the right to remove a BPA holder from this agreement at any time if one of the following occurs:

(1) If a BPA holder goes “dormant”. Dormant is defined as when an awardee fails to submit a minimum of one acceptable/competitive offer per three consecutive request for call quotes and/or awarded at least one call order per twelve-month period.

(2) If a BPA holder delivers non-conforming/defective items and/or does not meet the required delivery date on the call order without prior approval from the Contracting Officer.

9. BPA Call Placement Procedures: At the call level, the Government intends to compete all future requirements.

However, the Government reserves the right to issue unilateral calls. Basis for award of a call under a competitive action shall be defined by a request for call quote (RFCQ). It is anticipated that all future call orders will utilize the Lowest Price Technically Acceptable (LPTA) Approach unless otherwise identified at the call order level.

10. Delivery Tickets: All shipments under the BPA shall be accompanied by delivery tickets/sales slips that shall contain the following minimum information: (1) Name of Supplier, (2) BPA Number, (3) Date of Purchase, (4) Purchase Number/Call Order Number, (5) Itemized List of Supplies Furnished, (6) Quantity, Unit Price, and Extension of Each Item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information), and (7) Date of Delivery or Shipment.

52.212-1 ADDENDUM – INSTRUCTIONS TO OFFERORS

Paragraphs (a) thru (l) of Federal Acquisition Regulation (FAR) 52.212-1 Instructions to Offerors – Commercial Items are incorporated herein. The following are additional instructions to Offerors for proposal submissions:

Paragraph (m) Submission Instructions

1 General Instructions to Offerors

1.1 This is an all-electronic solicitation release. No hard copies will be mailed. Amendments to the solicitation will be posted to www.sam.gov. It is the responsibility of each Offeror to review the webpage for notice of amendments, updates, or changes to current information. The exclusive responsibility for the source selection will reside with the Government. Proprietary information submitted in response to this solicitation will be protected from unauthorized disclosure as required by the Procurement Integrity Act, 41 U.S.C. §§ 2101 et seq. and as implemented in the FAR. The proposal will be unclassified and treated as Source Selection Sensitive Information.

2 Proposal Preparation and Submission Instructions

2.1 Question Submittal. Offerors may submit written questions during the proposal preparation period. All questions must be received no later than 21 February 2022 at 12:00 PM Pacific time to allow Naval Special Warfare Command (NSWC) adequate time to prepare and issue responses to all Offerors prior to the date and time set for receipt of proposals. Only timely written questions submitted as directed by this paragraph will receive a response. It is required that each question should include the document name, document date, specific page, paragraph, clause or other definitive citation requiring clarification. All questions shall be emailed to:

holly.l.deignan.civ@socom.mil with the following in the subject line: QUESTIONS FOR H92240-21-R-0003. All submitted questions are required to utilize the RFP Enclosure 1 – Q&A template provided. Questions received after this date run the risk of not being answered.

2.2 Submission Instructions. Proposals shall be emailed to holly.l.deignan.civ@socom.mil with the following in the subject line: PROPOSAL FOR H92240-21-R-0003. Offerors are responsible for verifying receipt of their proposals to the identified inbox before the specified due date and time as stated on the most recent solicitation amendment. Offerors are advised to plan ahead, ensuring enough time to account for any potential delays in email transmission. Email file size shall be limited to 10MB. If documents exceed 10MB, contractors shall submit documents via separate emails to ensure each email is no more than 10MB. An E-mail proposal must be received in its entirety in the designated E-mail inbox by the due date and time for final proposal submission. An E-mail proposal that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for quote submission will be considered late in accordance with FAR 15.208(b). Therefore, it is incumbent upon the Offeror to ensure that its entire proposal is received by the Agency by the designated due date.

3 The Content of Your Proposal

3.1 Your proposal must include (1) a written agreement, (2) a small business subcontracting plan, and (3) information about your past performance, as follows:

3.1.1 Written Agreement. Your written agreement must be based on the RFP Model Agreement – the Standard Form 1449 (SF 1449) and listed attachments. Submit an endorsed SF 1449 inclusive of acknowledgement of any amendments and information required by the below paragraphs:

a) Complete blocks 17a, 30a, 30b, and 30c. Block 30a shall represent the signature of an official authorized to contractually represent your firm in the RFP. Additionally, Block 15 of the SF 30 shall represent the signature of an official authorized to contractually represent your firm in any RFP amendments, as applicable.

b) Complete all fill-ins or certifications required by the solicitation for inclusion in any resulting contract.

Your firm must be registered in the System for Award Management (SAM) to be eligible for award.

Proposals received without the completed copy of the provision at FAR 52.212-3 Alt. I or completed SAM representation may be considered ineligible for award. Ensure you complete:

i. FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

ii. FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION

iii. FAR 52.212-3 ALT. I OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (review 52.212-3(b)(2))

iv. DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE

Note: If your firm is registered in the System for Award Management (SAM) a submission under FAR 52.212-3 Alt. I is STILL required. See provision for details.

c) Your submission must manifest your unconditional assent to all terms of the RFP Model Agreement via written statement. Any refusal or failure to assent, whether made by exception or omission, intentionally or by mistake, other than a minor clerical mistake, will make your proposal unacceptable and make you ineligible for award. We caution you that altering or adding anything to the Model Agreement other than as instructed would risk creating a conflict of its terms. A conflict in terms would make your proposal unacceptable and eliminate you from the competition, unless we decide to conduct discussions and give you the chance to revise your proposal. In that regard, see the solicitation provision at FAR 52.212-1 paragraph (g).

3.1.2 Small Business Subcontracting Plan. If your firm is a Large Business under NAICS 321911, you must submit a Small Business Subcontracting Plan (SBSP) in accordance with FAR 52.219-9 Alt II and DFARS 252.219- 7003. Subcontracting Plan Requirements can be found at FAR 19.704 and DFARS 219.704. A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. In addition to the SBSP, submit a completed copy of RFP Enclosure 2 – Small Business Subcontracting Plan Checklist. The Checklist can be utilized as a guide in preparing the Subcontracting Plan. The small business percentage goals are as follows:

Small Business Subcontracting Goals

CATEGORY MINIMUM REQUIREMENT

Small Business 21% Small disadvantaged** 5% Woman owned** 5% HUBZone** 3% Service Disabled Veteran Owned** 3%

**Included in 21%

NOTE 1: Subcontracting Plans that contain a Small Disadvantage Business goal of less than 5% may be rejected if approval in accordance with SOFARS 5619.705-4 is not obtained.

NOTE 2: A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. If you are submitting an individual plan, utilize the maximum potential BPA value of $15M for your SBSP.

3.1.3 Past Performance Information. Provide information on a minimum of one (1) and maximum of three (3) recent and relevant Past Performance experiences using the Past Performance Information Sheet provided with this solicitation (RFP Enclosure 3). Submit experience(s) that are Recent [contract performance within the last three (3) years from the date of this solicitation issuance] and most Relevant to the requirements of this RFP [similar in terms of scope (i.e. multifunctional doors and supporting material), magnitude (i.e. dollar values of typical orders and maximum order fulfillment ability annually), and complexity (i.e. multiple delivery locations).

In accordance with DFARS 215.305(a)(2)(A) Past Performance Evaluation: When a past performance evaluation is required by FAR 15.304, and the solicitation includes the clause at FAR 52.219-8, Utilization of Small Business Concerns, the Offeror shall provide information documenting its past performance in complying with FAR 52.219- 8, if applicable. When a past performance evaluation is required by FAR 15.304, and the solicitation includes the clause at FAR 52.219-9, Small Business Subcontracting Plan, the Offeror shall provide information documenting its past performance in complying with FAR 52.219-9, if applicable. (Limit of up to two (2) pages)

3.1.4 Price. Price will be evaluated at the Call Order Level.

(End of provision)

52.212-2 ADDENDUM – EVALUATION

This source selection that will be conducted in accordance with (IAW) Federal Acquisition Regulation (FAR) Part 15 and applicable agency regulations. We will evaluate proposals and award Blanket Purchase Agreements (BPAs) as follows:

1. Proposal Evaluation

1.1 Written Agreement. We will evaluate the acceptability of your written agreement on an acceptable or unacceptable basis. We will consider your written agreement to be acceptable if it (1) is complete and prepared in compliance with the instructions in this RFP, and (2) written statement unconditionally assents to all terms of the RFP, including all listed attachments. If we determine your written agreement unacceptable, we will reject it as ineligible for award and no longer under consideration. See, however, FAR 52.212-1 paragraph (g) regarding the Contracting Officer’s authority to conduct discussions and permit offerors to revise their proposals if deemed necessary.

1.2 Small Business Subcontracting Plan (SBSP). We will evaluate the acceptability of your SBSP on an acceptable or unacceptable basis. We will consider your SBSP to be acceptable if it is complete, prepared in compliance with the instructions in this RFP, and meets requirements outlined in RFP Enclosure 2 – Small Business Subcontracting Plan Checklist.

1.3 Past Performance Information. We will evaluate the acceptability of your past performance on an acceptable or unacceptable basis. Submissions must be complete and prepared in accordance with the instructions in this RFP and contained within the RFP Enclosure 3 template. We will consider the extent to which your present and former customers and other sources of information indicate you did good work, were reasonable and cooperative during performance, and fulfilled the terms of your contracts. Evaluation utilizing FAR 13.303-2(b)(2) will also be considered. Additionally, we may verify information through existing data sources to include, but not limited to, the Contactor Performance Assessment Reporting System (CPARS), the Federal Awardee Performance and Integrity Information System (FAPIIS), and the Supplier Performance Risk System (SPRS). The Government reserves the right to obtain information for use in the evaluation of performance from all sources including sources outside of the Government. This information may be used for the evaluation of an Offeror’s past performance and to confirm it aligns with the information provided in your proposal.

Adjectival Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

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

1.3.1 No Past Performance Information: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or neutral) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable”.

1.3.2 Adverse Performance Information: Adverse past performance is defined as past performance information that supports a less than acceptable rating on any evaluation aspect or any unfavorable comments received from sources without a formal rating system. When relevant performance records indicate performance problems, the Government will determine the appropriate rating of Acceptable or Unacceptable, taking into consideration the number and severity of the problems, the appropriateness and/or effectiveness of any corrective actions taken (not just planned or promised), and the Offeror’s overall work record. Prompt corrective action in isolated instances may not outweigh overall negative trends. If adverse performance information is provided to the Government, and the Offeror has not previously had an opportunity to comment on the finding, then the Offeror will be given the opportunity to provide clarifications concerning the adverse information. Such exchange alone does not constitute discussions.

2. Award

2.1 We will award unpriced Blanket Purchase Agreements (BPAs) to all firms who are acceptable in accordance with the evaluation criteria outlined above.

RFP ENCLOSURES

Description # of Pages Dated

Enclosure 1 – Q&A Template Excel 10 Jun 2021

Enclosure 2 - Small Business Subcontracting Plan Checklist 5 10 Jun 2021

Enclosore 3 – Past Performance Information Sheet 3 07 Feb 2022

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Lot Multifunctional Doors & Support Material

FFP

Contractor shall provide Multifunctional Doors & Support Material in accordance with Attachment 1 - Product Description. See BPA terms and conditions for pricing information. BPA duration is 5 years from date of award.

FOB: Destination

PSC CD: 5680

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 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 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

DEC 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

DEC 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2021

52.219-1 Small Business Program Representations SEP 2021 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2021

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7015 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

MAY 2021

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 252.215-7007 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

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7008 Restriction on Acquisition of Specialty Metals MAR 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

SEP 2021

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 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

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) 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.

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.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award multiple Blanket Purchase Agreements (BPAs) resulting from this solicitation to the responsible offerors whose offer conforming to the solicitation will be most advantageous to the Government, all factors considered. The following factors shall be used to evaluate offers:

52.212-2 ADDENDUM – EVALUATION

Please See Addendum Information in the Contract Information section starting on Page 3 of the RFP.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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 eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.