M00681210064P0001 Conformed.pdf

SEE ADDENDUM

( No Col lect Cal ls )

M0068121Q0064 09-Aug-2021

b. TELEPHONE NUMBER

760-725-4205

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 23 Aug 2021

5. SOLICITATION NUM BER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

( SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. TH IS ACQUISI TION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M006819. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAM E

LUIS ALVAREZ

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

(TYPE OR PRINT)

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

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

1 27a. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRI ATION DATA

1. REQUISITION NUMBER

20.

ADDI TIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

M 3300021SSIS074

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), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO I TEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN

% FOR:SET ASI DE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

REGIONAL CONTRACTING OFFICE-MCIWEST

P O BOX 555027

CAMP PENDLETON CA 92055-5027

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 M 33000 16. ADMINISTERED BY

12. DI SCOUNT TERMS11. DELIVERY FOR FOB DESTI NA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLIC ITATION

RFQ IFB RFPX

M 33000

RICHARD FRAZIER

BLDG. 1270

CAMP PENDLETON CA 92055

TEL: 760-725-0006 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,000,000

NAICS:

811213

OFFER DATED

29. AW ARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY

COPI ES TO ISSUI NG 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

SM ALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF43

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEI VED INSPECTED

32b. SIGNATURE OF AUTHORI ZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATI VE

32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FI NALPARTIALCOMPLETE

36. PAY MENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHI P NUMBER

PARTI AL

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

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

41b. SIGNATURE AND TITLE OF CERTIFYI NG OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

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.

M0068121Q0064

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

FUJITSU OPTICAL TRANSPORT EQUIPMENT

STATEMENT OF WORK

1. Background The Fujitsu Optical Transport equipment installed on Marine Corps Base (MCB) Camp Pendleton serves an integral role in the telecommunication infrastructure aboard the installation. The Fujitsu Optical Transport equipment integrates SONET and data transport technologies and is critical to the delivery of the telecommunication services on the installation. The Fujitsu Optical Transport equipment is comprised of the Flashwave 4100ES Micro Packet Optical Networking Platform. The Fujitsu transport equipment is managed by a network management system, the Fujitsu Netsmart 1500, which provides Operation, Administration, Management, and Provisioning (OAMP) capability.

2. Scope The purpose is to establish an extended maintenance & support service which shall be inclusive of all costs for parts, labor, software patches, and updates for all the Fujitsu Optical Transport equipment installed aboard MCB Camp Pendleton.

3. Objective To establish and define the requirements for an extended maintenance contract for MCB Camp Pendleton’s Fujitsu Optical Transport equipment. The period of performance will be a one year base period and four (4) one (1) year options.

4. Tasks

4.1 The contractor shall provide the Government with 24 hours a day, 7 days a week (24x7) access to the Fujitsu web portal for support tools, technical documentation, and software downloads, all available and applicable upgrades, updates, and licenses.

4.2 The Contractor shall provide 24 hours a day, 7 days a week (24x7) access to authorized Government Technicians to the Fujitsu Technical Assistance Center (TAC) for hardware and software support.

4.3. Fujitsu’s TAC support shall assist with all service affecting and non-service affecting troubles. This includes both technical support and consultation.

4.4 Fujitsu’s TAC response time for remote service calls shall be within four (4) hours for non-critical issues. The response time for a critical/service affecting issue shall be within fifteen (15) minutes. The remote support this is referring to is walking a government employee through the steps needed to troubleshoot and resolve a problem, not remotely connecting to one of the devices.

4.5 A Fujitsu technical engineer for on-site technical support shall be provided if the Fujitsu TAC determines that an issue cannot be diagnosed or resolved through the remote means of the authorized Government technician.

4.6 The engineer for on-site technical support shall arrive on MCB Camp Pendleton site within twenty-four (24) to forty-eight (48) hours after it is determined that the issue cannot be resolved via a service call.

4.7 Any maintenance or services that took place on the equipment will be recorded on a service ticket. The Technician must provide a written explanation of the work that was done to the machine, what parts were replaced, and when the maintenance/service took place.

4.8 Return and repair services shall be provided and shall include all devices and parts of the equipment listed in paragraph 5.

4.9 Government technicians shall obtain a return merchandise authorization (RMA) before sending any device or part of a device in for repair.

4.10 The testing, repair, revision updating, and return of an in/out-of-warranty item that is sent in for repair shall be returned to the Government within fifteen (15) business days of receiving.

4.11 The contract shall provide Advance Replacement of a device or part of a device or the expedited resolution of a problem prior to sending a faulty device to the contractor.

4.12 The replacement device shall be shipped from the contractor on the same business day of the request if the request is made by 4:00 p.m. CT.

4.13 The contractor shall be responsible for all shipping costs of advance replacement equipment and Government owed equipment being repaired by the contractor.

5. Equipment and Items to be covered under the contract The following MCB Camp Pendleton owned and operated equipment shall be covered under this contract:

1. Flashwave 4100ES Micro Packet Optical Networking Platform (Qty. 4)

2. Netsmart 1500 Management System SP810

6. Other requirements and considerations

6.1 Remote access into the Government’s network will not be authorized.

6.2. All access into a Government system/device shall be performed by Government personnel or, if TAC determines it is necessary, contractor/vendor personnel dispatched locally.

6.3 The contract shall be billed on a monthly basis

7.0 Government Responsibility

The Government shall provide the contractor the list of authorized Government technicians within 30 days after contract award.

8. Period of Performance The periods covered are follows:

Base Year 26 Sept 2021 – 25 Sept 2022 Option Year 1 26 Sept 2022 – 25 Sept 2023 Option Year 2 26 Sept 2023 – 25 Sept 2024 Option Year 3 26 Sept 2024 – 25 Sept 2025 Option Year 4 26 Sept 2025 – 25 Sept 2026

9. Government Technical Point of Contact. The Contracting Officer shall designate a Government Technical

Point of Contact (TPOC) during the term of this contract. The TPOC will provide assistance in identification and resolution of problems, conflicts in priority, subtask requirement definitions, and other operations type problems within the scope of this Statement of Work. The TPOC will provide technical clarification and assistance in support of the contract requirements. The TPOC DOES NOT have the authority to make changes and/or give direction under this contract. The only authority under this contract authorized to make changes, give direction, and/or provide monetary adjustments is the Contracting Officer from the Regional Contracting Office MCI- WEST, Camp Pendleton CA.

9.1 TPOC Contact information:

Information will be provided at time of award.

10. Contracting Officer Authority. The Contracting Officer is the only person authorized to direct changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely in the Contracting Officer (Reference Block 31 on the SF1449). In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and solely at the risk of the contractor.

Base Access Marine Corps Base (MCB), Camp Pendleton (CPEN) Installation Requirements for Access and Pass Issuance Contractor Security Section Building 41501T (adjacent to the Las Pulgas Gate) (Revised 8/25/2020)

The Contractor Security Section primarily services contractors and other types of personnel engaging in work on

MCB CPEN.

Sponsors Organizations/companies/individuals (not to include government employees) who are authorized to sponsor must have the following documents submitted to and approved by the Contractor Security Section BEFORE submitting a sponsorship request.

• MCB Camp Pendleton Approved Company Points of Contact – must be submitted in Excel format

• Company POC Sponsorship Addendum – a signed copy is required for each approved company point of contact listed.

Once approved, sponsors must submit a completed MCB Camp Pendleton Sponsored Employee Roster. Sponsors must allow a MINIMUM of four business days for requests to be processed.

Sponsor letters are no longer valid and will not be accepted for sponsorship purposes. There are no exceptions.

Applicants To apply for a pass, the applicant must present the following documentation:

• Completed SECNAV Form 5512/1 o Must be legible and accurate

• Government Issued Identity Document with Photograph o Must be issued by a Federal or State entity o Must be valid (not expired) o Non US citizens must also present a Permanent Resident Card (I-551), passport with proper stamps/visa, or other documentation that demonstrates the holder is legally present in the United States.

Real ID Requirements If an individual has a driver’s license/state identification card marked not valid for federal purposes, federal limits apply, or any similar language, in addition to that identity document, he/she must present an unexpired passport OR original Social Security Card AND County issued Birth Certificate.

Before visiting the Contractor Security Section, individuals requiring access are encouraged to confirm with the sponsor that a sponsorship request has been submitted prior to their arrival. Individuals whose sponsorship cannot be confirmed will be denied entry until sponsorship is validated.

DBIDS credentials may be issued for up to one year. Passes will not be issued beyond the effective contract dates.

Individuals who are not legally present in the United States are prohibited from entry and will not be issued a pass for entry.

It is the responsibility of the individual to have the documents necessary to obtain a pass. If all required documents are not presented, a pass will not be issued. Contact your base sponsor with questions.

All forms referenced can be accessed at https://www.pendleton.marines.mil/Base-Access/Contractors-Vendors/.

Base access requirements and procedures may change during the term of a contract. The contractor shall comply with all changes, and such compliance shall not be grounds for a request for an equitable adjustment or other contract modification.

OPTION TABLE

Fujitsu Maintenance

CLIN

Description Quantity

Unit of issue

Unit Price

Extended Price

Fujitsu Optical Transport Maint Support 26 Sep 2021 - 25 Sep 2022

PSC DG01

12 Month

NetSmart 1500 Support Services 26 Sep 2021 – 25 Sep 2022

12 Month

Base Period Subtotal

Fujitsu Optical Transport Maint Support 26 Sep 2022 - 25 Sep 2023

PSC DG01

12 Month

NetSmart 1500 Support Services 26 Sep 2022 – 25 Sep 2023

Option Year 1 Subtotal

26 Sep 2023 - 25 Sep 2024

PSC DG01

12 Month

NetSmart 1500 Support Services 26 Sep 2023 – 25 Sep 2024

Option Year 2 Subtotal

26 Sep 2024 - 25 Sep 2025

PSC DG01

12 Month

NetSmart 1500 Support Services 26 Sep 2024 – 25 Sep 2025

Option Year 3 Subtotal

26 Sep 2025 - 25 Sep 2026

PSC DG01

NetSmart 1500 Support Services 26 Sep 2025 – 25 Sep 2026

Option Year 4 Subtotal

TOTAL

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Fujitsu Optical Transport Maint Support

FFP

Preventative Maintenance shall be in accordance with Statement of Work.

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

MILSTRIP: M3300021SSIS074

PURCHASE REQUEST NUMBER: M3300021SSIS074

PSC CD: DG01

NET AMT

0002 12 Months Netsmart 1500 Support Services

FFP

Software support Services for Netsmart 1500 FOB: Destination

BRAND NAME/SOLE SOURCE: BN

MILSTRIP: M3300021SSIS074

PURCHASE REQUEST NUMBER: M3300021SSIS074

1001 12 Months OPTION Fujitsu Optical Transport Maint Support

FFP

Preventative Maintenance shall be in accordance with Statement of Work.

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

1002 12 Months OPTION Netsmart 1500 Support Services

FFP

Software support Services for Netsmart 1500 FOB: Destination

BRAND NAME/SOLE SOURCE: BN

MILSTRIP: M3300021SSIS074

2001 12 Months OPTION Fujitsu Optical Transport Maint Support

FFP

Preventative Maintenance shall be in accordance with Statement of Work.

FOB: Destination

2002 12 Months OPTION Netsmart 1500 Support Services

FFP

Software support Services for Netsmart 1500 FOB: Destination

BRAND NAME/SOLE SOURCE: BN

3001 12 Months OPTION Fujitsu Optical Transport Maint Support

FFP

Preventative Maintenance shall be in accordance with Statement of Work.

FOB: Destination

3002 12 Months OPTION Netsmart 1500 Support Services

FFP

Software support Services for Netsmart 1500 FOB: Destination

BRAND NAME/SOLE SOURCE: BN

4001 12 Months OPTION Fujitsu Optical Transport Maint Support

FFP

Preventative Maintenance shall be in accordance with Statement of Work.

FOB: Destination

4002 12 Months OPTION Netsmart 1500 Support Services

FFP

Software support Services for Netsmart 1500 FOB: Destination

BRAND NAME/SOLE SOURCE: BN

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 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government

3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 26-SEP-2021 TO

25-SEP-2022

N/A M33000

RICHARD FRAZIER

BLDG. 1270

CAMP PENDLETON CA 92055

760-725-0006 FOB: Destination

M33000

0002 POP 26-SEP-2021 TO

25-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 26-SEP-2022 TO

25-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 26-SEP-2022 TO

25-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 26-SEP-2023 TO

25-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 26-SEP-2023 TO

25-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 26-SEP-2024 TO

25-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 26-SEP-2024 TO

25-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 26-SEP-2025 TO

25-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 26-SEP-2025 TO

25-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

OCT 2020

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.212-1 Instructions to Offerors--Commercial Items JUL 2021 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 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 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

DEC 2019

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

JAN 2021

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

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.239-7010 Cloud Computing Services OCT 2016 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.246-7008 Sources of Electronic Parts MAY 2018

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO 52.212-1

1. SUBMISSION OF QUOTATIONS: Quotations must be received no later than the date and time specified in block #8, page #1 – Pacific Daylight Time (PDT). Proposal shall be submitted via email. Please respond to Sgt Louis Alvarez, louis.alvarez@usmc.mil directly with quotation.

2. QUESTIONS: Questions shall be submitted by email no later than 2 days after issuance of the solicitation to the email address listed below. No phone questions will be accepted. The deadline is necessary to ensure timely award and the Government may, in its sole discretion, choose not to respond to questions received after the deadline. All questions will be reviewed and responded to by an amendment to the solicitation. Email questions to Sgt Louis Alvarez, louis.alvarez@usmc.mil

3. PERIOD OF ACCEPTANCE OF OFFERORS: The pricing terms and conditions of the proposal shall be valid for 90 days unless a longer time is stated otherwise in the quote.

SAM. Offerors must be registered in the System for Award Management (SAM) database. Information in SAM should be current, if not – completion of the attached FAR Provision 52.212-3, Certifications and Representations is required with quotation. Information on registering in SAM may be obtained from www.sam.gov or calling 866- 606-8220. Registration in SAM is free.

WIDE-AREA WORKFLOW – RECEIPT AND ACCEPTANCE. As a condition of receipt of any resulting order, the Contractor agrees to implement the Department of Defense (DOD) web-based application. Information on registering in WAWF/iRAPT may be obtained from https://wawf.eb.mil/xhtml/unauth/registration/notice.xhtml or calling 866-618-5988. Registration in WAWF/iRAPT is free.

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

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation-Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) technical capability of the item offered to meet the Government requirement; and

(ii) price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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)

52.212-2 ADDENDUM

Regional Contracting Office, Camp Pendleton, CA, is issuing Request For Quotation (RFQ) to procure an extended warranty for all Fujitsu Optical Transport Equipment installed aboard MCB Camp Pendleton. This procurement is conducted in accordance with FAR Part 12 (Acquisition of Commercial Items) utilizing FAR Part 13 (Simplified Acquistion Procedures).

Incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06, effective 12 July 2021 and DFARS Change Notice (DCN) 20210709, effective 09 July 2021.

BASIS FOR AWARD. Best value approach for this acquisition will be Lowest Price Technically Acceptable (LPTA). Award will be made on the capability of the quoter to meet or exceed the specifications and pricing determined to be fair and reasonable. The resulting award will be a Firm-Fixed Priced purchase order, all or none, to provide extended warranty for all Fujitsu Optical Transport Equipment installed aboard MCB Camp Pendleton.

EVALUATION. The Government intends to make a single Firm Fixed Price award to satisfy this requirement.

Award will be made on the initial evaluation of quotes received in response to this RFQ. Therefore, quoters are cautioned to ensure that initial quotes contain your best terms from a technical and price standpoint. The following factors will be used to evaluate quotes:

1. TECHNICAL: Minimum specifications:

Quoter shall demonstrate authorization to provide Fujitsu brand support and equipment.

Quoter shall demonstrate capability to meet or exceed:

The Government shall have direct 24x7x365 access to the Fujitsu Technical Assistance Center (TAC) for all service affecting and non-service affecting troubles. This includes both technical support and consultation.

All authorized Government technicians from MCB Camp Pendleton shall have the above listed direct 24x7x365 access to the Fujitsu Technical Assistance Center.

The response time from Fujitsu’s TAC support shall be within four hours for non-critical issues. The response time for a critical/service affecting issue shall be within 15 minutes.

On-site technical support by a Fujitsu technical engineer shall be provided if the Fujitsu TAC determines that an issue cannot be diagnosed or resolved through the means of the on-site Government technician.

The on-site technical support shall arrive on site within 24 to 48 hours The Government shall have access to the Fujitsu web portal for support tools, technical documentation, and software downloads.

The Government shall have access to all available and applicable upgrades, updates, and licenses.

Return and repair service. The items covered under this service shall include all devices and parts of a device listed in paragraph 5 and 6.1 of this PWS.

Government technicians shall obtain an RMA before sending any device or part of a device in for repair.

The testing, repair, revision updating, and return of an in/out-of-warranty item that is sent in for repair shall be returned to the Government within 15 business days of receiving.

The contract shall provide for the Advance Replacement of a device or part of a device for the expedited resolution of a problem prior to sending a faulty device to Fujitsu.

The replacement device shall be shipped from Fujitsu on the same business day of the request if the request is made by 4p.m. CST.

There shall be no cost to the Government to ship the device replaced by the advance replacement to Fujitsu.

24x7 Remote technical support for all hardware and software issues. There shall be a same day response for all non-critical issues.

Online technical support with access to support tools and technical documentation

Access to applicable software upgrades and updates

Hardware repair. The testing, repair, revision updating and return of an in/out-of-warranty item that is sent in for repair shall be returned to the Government within 15 business days of receiving.

The coverage for the above items may be provided by Fujitsu or a vendor specific authorized provider.

Remote access into the Government’s network will not be authorized.

All access into a Government system/device shall be performed by Government personnel or, if TAC determines it is necessary, contractor/vendor personnel dispatched locally.

Preventative maintenance is not required.

The contract shall be billed on a monthly basis.

Rating will be in accordance with: RATING

DESCRIPTION

ACCEPTABLE Quotation meets the requirements of the solicitation.

UNACCEPTABLE Quotation does not meet the requirements of the solicitation.

(Sufficient information shall be provided to support capability to meet the required brand name products and services requested, to include but not limited to, product literature, product number, authorized service provider letter, etc…)

2. PRICE: All quotes must be the Contractor’s Best Pricing. Price analysis shall be used to verify that the overall price offered is fair and reasonable. The Offeror shall input the unit price and total in all the line items present in the SF1449. The total evaluated price is calculated using the prices proposed for all line items.

3. EVALUATION PROCESS: The evaluation will proceed as follows:

Quotes will be ranked in order from lowest to highest based on the price. The lowest priced quotation will then be evaluated and receive a rating of Acceptable or Unacceptable based on the criteria below. In order to be rated as Acceptable, the Technical quote must meet the Government's minimum requirements as described in the solicitation.

Quotes deemed Unacceptable are those that fail to meet the Government's minimum requirements.

If the lowest priced quoter’s Technical quote is rated acceptable, the Government will then evaluate pricing to determine fair and reasonableness. If the lowest priced quotation is evaluated to have an acceptable technical quote and fair and reasonable prices, per FAR 8.405-1(f), the Government will complete a responsibility determination IAW the criteria specified in FAR 9.104-1. If found responsible, the Government may stop the evaluation process at this point as that quote represents the best value to the Government. Award shall be made to that offeror without further consideration of any other offers.

If the lowest priced quotation is assigned an unacceptable rating, or if the price is determined not fair and reasonable or if the quoter is found to be non-responsible, the next lowest priced quote will be evaluated. This process will continue (in ascending order) until a quoter is evaluated to have an acceptable technical rating, fair and reasonable prices and the offeror is deemed responsible. The government reserves the right to evaluate all quotes. The award will be made to the offeror whose quotation represents the best value to the government on a LPTA basis.

The Government reserves the right to award no contract, depending on the quality of the quotes submitted and availability of funds for the requirement. The Government intends to evaluate quotes and award a single contract without requesting or accepting revised quotes. Therefore, the Offerors will be advised that their initial quote should contain the most favorable terms and reflect it’s best possible performance potential. The Government does reserve the right to clarify aspects of the quotes and hold discussions.

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

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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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 stock of which 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 its stock is owned by one or more women; or

(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 will 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.

(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. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, 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)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone 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--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line item No. Country of origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this…