M2000124Q0003.pdf
PDF 1 MB Posted
- Attached to
- IDS Maintenance Federal contract opportunity
- Solicitation number
- M2000124Q0003
- Issued by
- United States Marine Corps
About this file
This is a combined synopsis/solicitation issued by the United States Marine Corps seeking maintenance services for access control, intrusion detection, and closed-circuit television systems. The contractor shall perform quarterly testing and inspections of systems in four buildings and debriefing pods at Naval Air Station Oceana Dam Neck Annex in Virginia Beach, Virginia. Services include maintenance, repairs, software and firmware upgrades, and responding to trouble calls. Offerors must submit quotes by March 21, 2024 to be considered for the base year plus four option years of maintenance support for Lenel access control and Vivotek IP CCTV equipment. The solicitation incorporates FAR provisions on prohibited telecommunications equipment and Buy American requirements.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| M2000124Q00030001.pdf | ||
| 52.204-26 Quoters Fill out.rtf | RTF text file | |
| 252.204-7016 Quoters Fill out.rtf | RTF text file | |
| 52.212-3 Quoters Fill out.rtf | RTF text file |
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Text version
SEE ADDENDUM
(No Collect Calls)
M2000124Q0003 14-Mar-2024
b. TELEPHONE NUMBER
757-445-4290
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 21 Mar 2024
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
M200019. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
RAYNN L. BAPTISTE
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
M540814482848
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
H&S BN MARFORCOM ATTN SUPO M20001
MCA 602 MOGADISHOU ST
NORFOLK VA 23551-2596
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 M54079 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
MARDET DAM NECK
RYAN DANCEL
448 BULLPUP STREET
VIRGINIA BEACH VA 23461
TEL: 757-492-0375 FAX:
FAX:
TEL: (757)445-1524 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
334290
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
X
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF40
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
M2000124Q0003
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each IDS Maintenance
FFP
IDS Maintenance and repairs in accordance with PWS FOB: Destination
PURCHASE REQUEST NUMBER: M540814482848
PSC CD: R425
NET AMT
1001 1 Each OPTION IDS Maintenance
FFP
IDS Maintenance and repairs in accordance with PWS FOB: Destination
2001 1 Each OPTION IDS Maintenance
FFP
IDS Maintenance and repairs in accordance with PWS
3001 1 Each OPTION IDS Maintenance
FFP
IDS Maintenance and repairs in accordance with PWS
4001 1 Each OPTION IDS Maintenance
FFP
IDS Maintenance and repairs in accordance with PWS
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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 25-MAR-2024 TO
24-MAR-2025
N/A MARDET DAM NECK
RYAN DANCEL
448 BULLPUP STREET
VIRGINIA BEACH VA 23461
757-492-0375
M54079
1001 POP 25-MAR-2025 TO
24-MAR-2026
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 25-MAR-2026 TO
24-MAR-2027
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 25-MAR-2027 TO
24-MAR-2028
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 25-MAR-2028 TO
24-MAR-2029
N/A (SAME AS PREVIOUS LOCATION)
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT (PWS)
MAINTENANCE SUPPORT FOR ACCESS CONTROL SYSTEM, INTRUSION DETECTION
AND CCTV (ACS/IDS-CCTV)
MARINE CORPS INTELLIGENCE SCHOOLS
1. Scope. Marine Corps Intelligence Schools (MCIS) requires the technical services, labor, and materials in support of Access Control System (ACS), Intrusion Detection system (IDS) and CCTV Systems in buildings 448, 449, 450, and 451, and within the debriefing and control pods located aboard Naval Air Station Oceana, Dam Neck Annex, Virginia Beach, VA.
2. Requirement. The Contractor shall perform maintenance actions on equipment listed below. The work shall consist of IDS and ACS System inspections, equipment diagnostic, testing, software and firmware upgrades/modifications, handling of trouble calls, and recurring services such as minor repairs and replacement in support of our below mentioned equipment (2a). Work shall also include CCTV and POE switch inspections, equipment diagnostics, testing, software/firmware upgrades/modifications, handling of trouble calls, and recurring services such as minor repairs and replacement in support of our below equipment (2a and 2b).
a. Lenel Access Security System (ACS and Intrusion Detection System (IDS)
Lenel Software Lenel Work Station/Server Software Electronic Magnetic Lock Electronic Door Strikes Field Control Panels Door Contacts-REX PIRs Reader Modules-Input Modules Door Release Buttons-Batteries
Dual Reader Interface Modules PIV Class RPK 40 Readers Intercom Modules-CCTV Cameras CCTV Monitors Digital Video Recorders Camera Power Supplies
All Related Low Voltage Security Wiring Arming Keypads-IDS Panels Balanced Magnetic Switches and Sensors Zone Expanders Motion Detectors HUB’s Smart Door Strikes Input Control Modules (Series Two) Proximity Readers-Comm Modems APX UPS Battery x1
b. Interior IP Dome Closed Circuit Television (CCTV)
Vivotek 2 MP WDR Dome Network Cameras, 2.8mm lenses with microphones (FD9166-HN or equivalent) x 35 24-port Cisco switch with rack x1 Dell Work Station - laptops x5 52-port Cisco switch with rack x2 Dell Server 48-port POE switch with rack x3 Dell Server Software – Microsoft Server 12 Mounting Hardware HP Work Stations - desktops x5 Vivotek Vast2 Software APX UPS Battery x2 Vivotek Shepard2 Software Patch Category 5e cords Category 5e cables Category 6e cables - weatherized / shielded
3. Maintenance. The contractor shall ensure all units are maintained in a good working order to maximize the effectiveness and minimize a chance for downtime.
a. Testing. The contractor shall provide quarterly (4) testing and inspection of the systems within buildings 448, 449, 450, and 451 and the debriefing and control pods within the period of performance. The work shall consist of Annual IDS and ACS inspections, and B448 and Analog
CCTV System testing, and annual inspections with the debriefing and control pods for the IP CCTV System testing.
b. Software Support. Provide a comprehensive security software plan that allows the command to be current with all software revisions and advancements as they allow the command to be current with all software revisions and advancements as they are made available by manufacturers. Such revisions will keep the installed system operating with the latest technology. Software upgrades typically occur annually, however many times they have been released several times throughout a given calendar year. With the proliferation of technology, Software support is invaluable to keeping the systems current. Covered software will include Lenel Software for these Dongles: 28606 (B448).
c. Trouble Calls. The Contractor shall provide a means for the Government to place trouble calls.
1. Emergency Service. Trouble Calls requiring emergency service (involving conditions which may adversely impact health/safety, security, productivity, or cause greater physical damage if left uncorrected for a period of time) shall be responded to within (4) hours.
2. Routine Service. Trouble calls requiring routine service shall be responded within
(24) hours of the normal work day. Requests for routine service received outside normal working hours shall be responded to the next business day.
d. Minor Repairs. The Contractor shall diagnose the problem identified in the trouble call and repair and/or replace defective equipment. At the time of diagnosis, the Contractor will complete any identified corrective or preventive maintenance to avoid future disruption of service. The Contractor shall notify the Government of required repairs and provide notification to the Government when that repair is completed.
4. Qualification. All Contractors performing work will have the appropriate Lenel qualifications and certifications required to perform the work. Vendor will be required to maintain Lenel government DOD Value Added Reseller Certification in order to procure Lenel equipment when needed.
5. Other Condition/Requirements.
a. Coordinate all work through the onsite Facility Manager.
b. Conduct an In-brief meeting (Kick Off) with onsite government representative prior to start of task. Review the approved PWS and timeline.
c. Utilize adhere to approved/established electrical tag-out procedures, as required.
d. Maintain work area free of trash and debris. Properly dispose of all trash and debris in designated containers.
e. Ensure UL 2050 Compliance.
f. Ensure 705 Compliance.
g. National Electronic Code (NEC)
6. Service Locations. The Contractor shall arrive to the respective building and contact the POC below or the designated personnel MCIS or Marine Detachment personnel pre-coordinated and will be escorted to the required room to perform the work.
a. IDS and CCTV maintenance locations for building 448 motion sensors, badge readers, and CCTV cameras per Enclosure (1)
b. IDS and CCTV maintenance locations for building 449 motion sensors, badge readers, and CCTV cameras per Enclosure (2)
c. CCTV maintenance locations for Interrogation Pods CCTV cameras, server, switch, and monitoring station per Enclosure (3).
d. IDS maintenance locations for Trailers 450 and 451 badge readers, and interior and exterior motion sensors per Enclosure (4).
Location
Point-of-Contact (POC)
476 Bullpup Street CWO4 Henslee, Charles Bldg 448 (Baum Hall) Charles.a.henslee.mil@us.navy.mil 757-492-0381
7. Site Access. The contractor shall obtain the necessary passes and/or identification for entry onto Naval Air Station Oceana Dam Neck Annex for all employees prior to commencement of work. The Government reserves the right to refuse to issue a pass to any employee of the contractor for any reason deemed valid by the Government.
8. Quality of Performance. The Contractor shall adhere to quality standards throughout performance.
The Government’s location point of contact shall assess the quality status of performance monthly.
Requirement Target Standard Rating Measurement
Delivery Compliance
- 100% compliance with delivery timelines
Acceptable Not Acceptable
Random Inspections Consequence of Non-compliance
- Contractor consideration
Maintenance Services
- < 25% of deployed units are in a state requiring additional maintenance
- < 25% of deployed units requiring additional service or stocking of supplies.
Excellent Acceptable
Poor
Random Inspections Consequence of Non-compliance
- Contractor consideration
9. Deliverables. Provide reports stating diagnostic, inspection, and /or repair results.
10. Period of Performance. Service timeframe shall be one-year period of performance from date of award plus (4) option years.
52.212-1 ADDENDUM
Addendum to 52.212-1 Instruc ons to Offerors.
The Government reserves the right to make an award solely on ini al quotes received. Offerors must submit their response to this RFQ via email to raynn.bap ste@usmc.mil no later than the posted Response Date in this lis ng.
Technical Capability: The vendor shall provide a capability statement/performance plan that demonstrates their ability to provide the required service in the solicita on. The vendor should address their experience providing this type of service, equipment supplied, and any other relevant informa on.
Price: The price offered must reflect unit prices, extended amounts per line item, and overall total.
(Note: All prices must be actual “face-value” pricing having already accounted for any discounts offered and extended to the Government).
Past Performance: Evalua on will use procedures outlined in DFARS 204.7603 and described in provision 252.204-7024, incorporated herein.
Ques ons will be accepted via email up to (24) hours a er the pos ng of the RFQ. No phone ques ons will be accepted. The deadline is necessary to ensure mely award and the Government may, in its sole discre on, choose not to respond to ques ons received a er the deadline. Ques ons will be reviewed and addressed via an amendment to the solicita on.
Quote must contain all requested line items as the contract award will be made in aggregate. Therefore, any quote received without all line items priced will be considered non-responsive.
Shipment: All materials awarded under the contract resul ng from this solicita on are expected to be delivered on the date specified in this solicita on. In order for your quote to be considered responsive, any associated prepaid shipping costs must be iden fied in the quote, and will be evaluated as part of the overall price. The Offeror may submit a ZERO shipping cost; however, ZERO cost must also be clearly specified in the quote. Failure to fill in the required informa on may result in your quote being considered non-responsive by the Government.
Reps and Certs: Completed Representa ons and Cer fica ons. The following representa ons and cer fica ons must be completed and returned as part of the vendor’s quote:
FAR 52.212-3 (Note that vendor is only required to complete paragraph (b) if they have not completed annual representa ons and cer fica ons via the System for Award Management (SAM) website.)
Quotes should be valid for 90 days unless stated otherwise in the quote.
52.212-2 ADDENDUM
(a) The Government intends to award a contract resulting from this solicitation to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors are listed in no specific order of precedence and will be used to evaluate quotations:
1. Technical
2. Price
3. Past performance
Evaluation:
1. Technical: Quotes meeting all specifications outlined in this solicitation will be deemed technically capable. All quotors must be Lenel Certified Partners – please attach letter with your quote.
2. Price Reasonableness will be conducted in accordance with FAR 13.106-3(a). The total quoted price, to include shipping costs, will be used in the price evaluation.
3. Past performance evaluation will use procedures outlined in DFARS 204.7603 and described in provision 252.204-7024, incorporated herein.
(b) Options (if applicable): The Government will evaluate quotes 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.
CLAUSES INCORPORATED BY REFERENCE
52.203-18 Prohibition on Contracting With Entities That Require Certain
Internal Confidentiality Agreements or Statements-- Representation
JAN 2017
52.204-2 Security Requirements MAR 2021 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 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-29 Federal Acquisition Supply Chain Security Act Orders-- Representation and Disclosures.
DEC 2023
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
SEP 2023
52.212-2 Evaluation - Commercial Items NOV 2021 52.212-4 Alt I Contract Terms and Conditions--Commercial Products and
Commercial Services (NOV 2023) Alternate I
NOV 2021
52.227-19 Commercial Computer Software License DEC 2007 52.229-11 Tax on Certain Foreign Procurements--Notice and
Representation
JUN 2020
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.239-7002 Access DEC 1991 252.239-7004 Orders For Facilities And Services SEP 2019 252.239-7009 Representation of Use of Cloud Computing SEP 2015 252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a
Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation.
(Deviation 2021-O0003)
APR 2021
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.246-7008 Sources of Electronic Parts JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2023)
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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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 its field of operation, 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 124.1001", 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 the threshold at 13 CFR 124.104(c)(2) 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]
(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--
(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.
(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 joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .
(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(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 to the Equal Opportunity clause of this solicitation, 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 and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.
(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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.
(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "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 Exceeds 55% domestic content (yes/no)
[List as necessary]
(3) Domestic end products containing a critical component:
Line Item No.
(4) 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 and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.
(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product,'' "commercially available off-the-shelf (COTS) item,'' "critical component,'' "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 solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."
Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements-- Israeli Trade Act."…
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