H92257-21-Q-0062-0002 Amendment.pdf

H92257-21-Q-0062

FOR OFFICIAL USE ONLY

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the content of this information is prohibited.

This is Amendment 2 to a COMBINED SYNOPSIS/SOLICITATION for Advertisement for the Marine Forces

Special Operations Command (MARSOC). The purpose of this amendment is increase the quantities provided in

Exhibit 1. This announcement is prepared in accordance with the format in Federal Acquisition Regulation (FAR)

Part 12 and 13.5 as supplemented with additional information in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation is being issued as a Request for Quote (RFQ); solicitation number is H92257-21-Q-0062-0002. All interested parties may submit a quote which shall be considered by the agency.

This is a supply type contract. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-06, (effective 07-12-2021) and the DFARS Publication Notice

(DPN) 20210709. The Product Service Code (PSC) for this requirement is 7830. The associated North American

Industrial Classification System (NAICS) code for this requirement is 339920.

TYPE OF CONTRACT. The Government intends to award a single Firm Fixed Price (FFP) type contract as a result of this solicitation.

The Government reserves the right and may award based solely on information contained in the quote. It is the Government’s intention to award without discussions. Offerors are encouraged to present their best technical and price quote in their initial submission. The contract shall be awarded on an all or none basis, do not submit partial quotes. All quotes submitted shall be the offeror’s Best Quote as it is the Government's intent to entertain one (1) final quote only; this includes any discounts on volume.

Offerors must scrutinize this solicitation and ensure their quotes and submissions comply with all requirements. It is not sufficient to merely state your quote complies with the solicitation requirements. You must clearly identify how your quote meets ALL of the solicitation requirements.

Section B – Supplies or Services

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 LOT

Exercise Equipment w/ Assembly and Installation

Brand-name or Equal

Mnfr: See Exhibit 1

Part Number: See Exhibit 1

FFP

FOB: Destination

PSC CD: 7830

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each

Shipping

FFP

FOB: Destination

PSC CD: 7830

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0002 N/A N/A N/A Government

EXIBIT 1

ELIN

Description

Specifications Quantity

Unit of

Issue Unit Cost Total Cost

0001 Economy

Adjustable Slant

Board

BRAND NAME

OR EQUAL to

“Perform Better”

One piece, non-slip surface board, with adjustable angles of

19, 29, and 37 degree. Made of steel.

10 Each

0002 Average

Resistance Bands

BRAND NAME

OR EQUAL to

“Sorinex”

41” Long, 4.5mm Thick, 1 3/4”

Wide. 15 layers of latex per band.

Provides 50-120lbs of resistance.

Color “Green”

200 Each

0003 Light Resistance

Bands BRAND

NAME OR

EQUAL to

“Sorinex”

41” Long, 4.5mm Thick, 1 1/8”

Wide. 15 layers of latex per band.

Provides 40-80lbs of resistance.

Color “Purple”

0004 Mini Resistance

Bands BRAND

NAME OR

EQUAL to

“Sorinex”

41” Long, 4.5mm Thick, 1/2”

Wide. 15 layers of latex per band.

Provides 20-25lbs of resistance.

Color “Red”

0005 Chain Set

BRAND NAME

OR EQUAL to

“Sorinex”

45lbs Each, ½” Thick, Steel.

Sold as a pair.

5 Each

0006 Stackable block set

OR EQUAL to

“Sorinex DC

Block”

19”x15.5”x2”(LxWxH). Impact resistance injected plastic.

Interlocking capabilities above and below each block. 30-120

Degree Height resistance.

60 Each

0007 Multi-Storage Unit

OR EQUAL to

“Sorinex Iron Bear

Side (4-Tier

Height)”

5’ in height w/ 4 storage tiers.

Medicine ball storage capability.

3” x 3” tubing, 97.63 width, 32” depth.

4 Each

0008 Multi-Storage Unit

OR EQUAL to

“Sorinex Iron Bear

Medicine Ball

Piece”

5’ in height w/ 4 storage tiers.

Medicine ball storage capability.

3” x 3” tubing, 97.63 width, 32” depth.

8 Each

0009 Trigger Bar

OR EQUAL to

“Sorinex”

9 in-line bearing wheels for general use and 2 wheels for acute pressure. 24.125” Length x 4.75

Width

12 Each

0010 Roller Pads

OR EQUAL to

“Sorinex”

Pad Length: 16", Full Length:

22", Width: 6", Weight: 8 lbs, Fits

1" Holes, 3"x 3" tube. Must attach to the front, rear, inside or

12 Each

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the outside of the Base Camp, XL

Series, and Dark Horse Racks for variable function and storage.

0011 Lat Pull/Low Row

OR EQUAL to

“Sorinex”

Depth: 51", Width: 30", Height:

101.125", Weight Stack: 300 LB, Ratio: 1:1. Lat pull/low row apparatus with selectorized weight stack, 15.5” x 10.25” bicycle style seat, and adjustable

12.5” thigh roller pads with 7 height positions. Must attach the lat pulldown to your Base Camp or XL Series rack/rig. Dual connection point cable system.

4 Each

0012 Glute Ham Rollers

OR EQUAL to

“Sorinex”

Length: 15.75″, Width: 25.25", Weight: 20 lbs

0013 Inertia Wave

OR EQUAL to

“Sorinex’

Length: 9.5", Tube Diameter: 2", Weight: 2.5 lbs. Constructed with a solid steel, double reinforced O-ring on the anchoring end.

Durable nylon rail strap and carabiner can withstand up to

600lbs of torque.

6 Each

0014 Tricep Rope

OR EQUAL to

“Perform Better”

Double grip tricep press down rope. Durable nylon with rubber stoppers.

0015 Weight Sled

OR EQUAL to

“Torque Tank

M4”

Weight: 198 lbs (89.8 kg), Dimensions (L X W X H): 52.4 x

31.9 x 37.1 in ( 133 x 81 x 94 cm).

10 year warranty for frame and welds. 1 year warranty on parts and finish on workmanship and materials.

2 Each

0016 Stash Hooks

OR EQUAL to

“Sorinex”

Fits any 11 or 7 gauge rack with

1" holes. Length: 3", Width:

0.375", Height: 4".

24 Each

0017 Gym Timer

OR EQUAL to

“Rogue Echo”

Color: Black, Length: 25.25", Width: 2", Height: 7.75". Single-

Sided LED Clock Display with 4”

High Red/Green Numbers.

Remote Control for convenient pausing/re-programming. Must be capable of creating and saving custom intervals (up to 10 at a time). Must include popular pre-set modes like Tabata and FGB.

Stopwatch can be set to 1/100 seconds. Input: AC100-240V /

Output: 12V

3 Each

0018 Gym Timer

Remote

BRAND NAME

OR EQUAL to

“Rogue Echo”

Must be compatible with timer included in this purchase (line item above).

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

0019 Knurled Chin Bar

OR EQUAL to

“Sorinex”

Length: 55", Height: 3", Grip

Diameter: 1-3/8". Straight chin up bar that can be bolted directly onto a rack bridge or rack side, must fit rig system constructed of

1" holes.

5 Each

0020 Speed Rope

OR EQUAL to

“Rouge SR-1”

Handle Length: 6.75", Handle

Diameter: 0.5" - 0.875", Cable

Length: 120", Cable Diameter:

3/32". Bearings: (4) Hi-Precision

Cartridge Ball Bearings per rope, adjustable end with a fixed swaged end, tapered handle: 0.5"

- 0.875". Black Handles, 10 Pack

1 Each

0021 Trap Bar HD

OR EQUAL to

“Kabuki Strength”

Open ended "hex" bar, adjustable handles, deadlift jack, 77" in length, 9" width, 23.5" height, 30kg weight, zinc plated, 1500 lbs capacity, 17" loadable area

13 Each

0022 Cone Marker

OR EQUAL to

“Rogue”

Orange cone 4" in height, 3.5" x

3.5”(Length x Width), stackable.

Pack of 6 cones each

0023 400’ Measuring

Tape

BRAND NAME

OR EQUAL to

“Champion R-

400”

400' measuring tape 1 Each

0024 Data Cable

OR EQUAL to

“Tendo”

Must be compatible with Tendo speed analyzer.

16 Each

0025 Rack Ball

OR EQUAL to

“Sorinex Mighty

Mitts Rack Ball”

Cannonball grip rack attachment, must fit 1" rack holes.

0026 Landmine

Attachment

BRAND NAME

OR EQUAL to

“PowerLift”

Must fit a standard Olympic barbell sleave, must be adaptable to Powerlift racks, provides rotation weight training capabilities.

0027 Suspension

Trainer

BRAND NAME

OR EQUAL to

“TRX”

Nylon suspension trainer, adjustable, two handles.

20 Each

0028 Barbell Collar w/

Magnet

BRAND NAME

OR EQUAL to

“Lock-Jaw Pro 2”

Safely fastens to standard

Olympic barbell with a spring loaded snap latch. Constructed of elastomer pads and resin frame.

100 Each

0029 Treadmill

OR EQUAL to

“Life Fitness

Integrity

Treadmill”

Motorized treadmill deck measures 82" X 36" X 56". The treadmill belt shall be a Forbo

907217 model. The running surface will measure 60" X 22".

The treadmill must have a variable speed range between 0.5 -

14 miles per hour. The treadmill

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the motor must be 4 HP minimum and requires a 120V electrical supply. The maximum user weight for the treadmill is 400 LBS. The treadmill must include incline variations from 0-15% grade.

Total Quote

Price

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-11 Certification And Disclosure Regarding Payments SEP 2007

To Influence Certain Federal Transactions

52.203-12 Limitation On Payments To Influence Certain Federal OCT 2010

Transactions

52.204-2 Security Requirements AUG 1996

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 JUL 2016

52.204-17 Ownership or Control of Offeror JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.212-3 Offeror Representations and Certifications--Commercial Items OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.219-1 Small Business Program Representations OCT 2014

52.219-1 Alt I Small Business Program Representations (Sept 2015) Alternate I SEP 2015

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-25

52.223-15 .

Affirmative Action Compliance

Energy Efficiency in Energy-Consuming Products

APR 1984

52.227-14 Rights in Data--General MAY 2014

52.232-17 Interest MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-2 Service Of Protest SEP 2006

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-13 Bankruptcy JUL 1995

52.246-25 Limitation Of Liability--Services FEB 1997

52.247-34 F.O.B. Destination NOV 1991

52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

52.253-1 Computer Generated Forms JAN 1991

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

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor

Reported Cyber Incident Information

OCT 2016

252.209-7998

(Dev)

Representation Regarding Conviction of a Felony Criminal

Violation under any Federal or State Law

MAR 2012

252.209-7999

(Dev)

Representation by Corporations Regarding an Unpaid Delinquent

Tax Liability or a Felony Conviction under any Federal Law

(Deviation)

JAN 2012

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7023 Transportation of Supplies by Sea FEB 2019

5652.233-9000 Independent Review of Agency Protest Decision (2018) Section I NOV 2018

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

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

(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--

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

(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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology

Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such

Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104.

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the

Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

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.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or

State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, 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 shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

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.

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

(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).

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for the award, offers of “equal” products, including “equal” products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by-

(i) Brand name, if any, and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plan to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting

Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of Provision)

ADDENDUM 52.212-1

Quote Preparation and Submission Instructions.

(1) All questions concerning this procurement, either technical or contractual must be submitted in writing, via email, to the Contracting Office. The deadline for submittal of questions regarding this solicitation is 12:00 PM

Eastern Standard Time (EST) on 1 September 2021. Responses will be provided via solicitation/RFQ amendment. No direct exchanges between the technical representative and a prospective Offeror shall be conducted https://www.sam.gov/

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the unless it is deemed necessary by the Contracting Officer. Questions shall be submitted via email to:

marvin.t.jean.civ@socom.mil referencing RFQ number and company full name in email subject line section.

(2) Quotes must be received no later than 9:00 AM Eastern Standard Time (EST) on 10 September 2021.

Quotes received after this time frame shall not be considered for award. The Government will award the contract resulting from this solicitation to the responsible offeror whose offer is conforming to the solicitation and will be the most advantageous to the Government. The prospective offeror must be registered with the System for Award

Management (SAM) website at http://www.sam.gov to be considered for award. The offeror agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes. All quotes must be submitted via email, no other form of submission will be accepted. Quotes shall be emailed to:

marvin.t.jean.civ@socom.mil

Offerors must provide the following information in their quote: DUNS #, CAGE CODE #, and TIN #

For email quotes, the Government office designated for receipt of the quote is the email inbox of the addressee indicated above. Notwithstanding the provisions at FAR 52.212-1(c), delivery is not accomplished until the addressee can open the email; delivery to a server or an email inbox on a server is not considered delivery to the designated Government office and the quotation is not under the Government's control until the addressee can open the email. The email shall not be considered to be delivered unless the entire content of the email and all attachments can be read by the addressee indicated above. Receipt of an electronic acknowledgment from the addressee establishes that a record was received but does not establish that the content sent corresponds to the content received. Email attachments are limited to no more than 10 MB. Vendors are specifically warned that email may be subjected to spam filters or attachment stripping. Recommend Vendors confirm receipt of emailed quotes by contacting the MARSOC Contracting Office (Marvin Jean) at marvin.t.jean.civ@socom.mil.

All transmissions must clearly state the solicitation number and the name of the contracting specialist on the first page to ensure proper receipt.

(3) Comprehensive responses to the requirements of this RFQ are required to enable the Government to evaluate the

Offeror’s understanding of, capability and approaches to accomplish the stated requirements. Quotes shall be submitted per the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quote. The successful Offeror will be selected based on an evaluation of quotes as outlined in FAR

52.212-2, incorporated below.

(4) Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale in their quote.

Quote Format and Content.

The Offeror shall provide a quote based on the item description prescribed in exhibit 1, vendor format is acceptable.

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

(a) The Government will award a contract resulting from this solicitation to the responsible Quoter whose quote conforming to the solicitation represents the Lowest Price Technically Acceptable after evaluation in accordance with the factors listed below. The following factor shall be used to evaluate the quote; Technical and Price.

mailto:marvin.t.jean.civ@socom.mil http://www.sam.gov/ mailto:marvin.t.jean.civ@socom.mil

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

(i) Technical - The offeror’s quote will be evaluated to determine whether it can meet the technical requirements as stated in the CLINs and extended description.

(ii) Price – All line items will be reviewed for price reasonableness. All quotes submitted shall be the

Contractor’s Best Pricing. Submitted quotes must reflect unit prices, extended amounts, and an overall order total.

(b) The Government intends to award solely on the information contained in the quote and intends to award without discussions. The Government reserves the right to conduct discussions if deemed necessary.

(d) 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.

(End of Provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2019)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and…