M6700121Q1071.docx

M6700121Q1071

Section SF 1449 - CONTINUATION SHEET

Air Compressor Maintenance & Testing

FFP

Routine service to be performed quarterly on-site, aboard MCAS New River, NC. Contractor shall perform air quality testing, preventative maintenance, and repairs on Air Compressor in accordance with the Performance Work Statement.

Manufacturer: Bauer Compressors Model # C-2/DV/NAVY Serial # 37510

To include travel, labor, routine service parts and a single NFPA 1989 Single Air Kit.

FOB: Destination

MILSTRIP: M0027221SUQKZ6Z

PURCHASE REQUEST NUMBER: M0027221SUQKZ6Z

PSC CD: J042

NET AMT

Air Compressor Maintenance & Testing

Routine service to be performed quarterly on-site, aboard MCAS New River, NC. Contractor shall perform air quality testing, preventative maintenance, and repairs on Air Compressor in accordance with the Performance Work Statement.

Manufacturer: Bauer Compressors Model # C-2/DV/NAVY Serial # 37515

To include travel, labor, routine service parts and a single NFPA 1989 Single Air Kit.

FOB: Destination

MILSTRIP: M0027221SUQKZ6Z

NET AMT

Air Compressor Maintenance & Testing

Routine service to be performed quarterly on-site, aboard MCAS New River, NC. Contractor shall perform air quality testing, preventative maintenance, and repairs on Air Compressor in accordance with the Performance Work Statement.

Manufacturer: Bauer Compressors Model # C-2/DV/NAVY Serial # 76221

To include travel, labor, routine service parts and a single NFPA 1989 Single Air Kit.

FOB: Destination

MILSTRIP: M0027221SUQKZ6Z

NET AMT

Air Compressor Maint. & Testing

Routine service to be performed quarterly on-site, aboard MCAS New River, NC. Contractor shall perform air quality testing, preventative maintenance, and repairs on Air Compressor in accordance with the Performance Work Statement.

Manufacturer: Bauer Compressors Model # C-2/DV/NAVY Serial # 76182

To include travel, labor, routine service parts and a single NFPA 1989 Single Air Kit.

FOB: Destination

MILSTRIP: M0027221SUQKZ6Z

NET AMT

Misc. Repair Parts

Miscellaneous repair parts that may be required outside of routine service parts.

Contractor shall not exceed the total amount for repairs without the written consent from the Contracting Officer.

FOB: Destination

MILSTRIP: M0027221SUQKZ6Z

NET AMT

FFP

Routine service to be performed quarterly on-site, aboard MCAS New River, NC. Contractor shall perform air quality testing, preventative maintenance, and repairs on Air Compressor in accordance with the Performance Work Statement.

Manufacturer: Bauer Compressors Model # C-2/DV/NAVY Serial # 37510

To include travel, labor, routine service parts and a single NFPA 1989 Single Air Kit.

FOB: Destination

NET AMT

FFP

Routine service to be performed quarterly on-site, aboard MCAS New River, NC. Contractor shall perform air quality testing, preventative maintenance, and repairs on Air Compressor in accordance with the Performance Work Statement.

Manufacturer: Bauer Compressors Model # C-2/DV/NAVY Serial # 37515

To include travel, labor, routine service parts and a single NFPA 1989 Single Air Kit.

NET AMT

FFP

Routine service to be performed quarterly on-site, aboard MCAS New River, NC. Contractor shall perform air quality testing, preventative maintenance, and repairs on Air Compressor in accordance with the Performance Work Statement.

Manufacturer: Bauer Compressors Model # C-2/DV/NAVY Serial # 76221

To include travel, labor, routine service parts and a single NFPA 1989 Single Air Kit.

NET AMT

FFP

Routine service to be performed quarterly on-site, aboard MCAS New River, NC. Contractor shall perform air quality testing, preventative maintenance, and repairs on Air Compressor in accordance with the Performance Work Statement.

Manufacturer: Bauer Compressors Model # C-2/DV/NAVY Serial # 76182

To include travel, labor, routine service parts and a single NFPA 1989 Single Air Kit.

NET AMT

FFP

Miscellaneous repair parts that may be required outside of routine service parts.

Contractor shall not exceed the total amount for repairs without the written consent from the Contracting Officer.

NET AMT

PERFORMANCE WORK STATEMENT

1.0 Introduction. Expeditionary Fire and Rescue (EFR) has a requirement for quarterly on-site visits from the contractor to conduct preventative maintenance, repairs, and air quality testing to (4) Bauer air compressors located at Marine Wing Support Squadron (MWSS) 272 aboard Marine Corps Air Station (MCAS) New River, North Carolina.

2.0 Scope. The contractor shall perform quarterly preventative maintenance, required repairs, and air quality testing for the compressor systems in order to ensure proper function and quality of breathing air provided for the Marines in accordance with NFPA 1989, NAVAIR 00-80R-14, and OSHA 1910.134 standards.

3.0 Period of Performance. (1) base year plus (1) one-year option.

Period of performance dates are not firm until the contract is awarded.

4.0 Hours of Performance. The contractor shall travel to MWSS-272, MCAS New River to performance maintenance and testing once a quarter. All services must be performed within the hours of 0700 – 1530.

5.0 Place of Performance.

Building AS-4192 Douglass Rd.

MCAS New River Jacksonville, NC 28540

6.0 Government Point of Contact.

7.0 Materials to be serviced.

Manufacturer: Bauer Compressors, Inc.

Model # C-D/DV/NAVY Serial #’s 37510; 37515; 76221; 76182

8.0 Service Procedures

NMCARS 5237.102-90 ECMRA

5237.102-90 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION

(ECMRA)

1.0 In accordance with the Navy Marine Corps Acquistion Regulation Supplement (NMCARS) Part 5237.102-90 relating to Enterprise-wide Contractor Manpower Reporting Application (ECMRA):

1.1 The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract the Fleet Readiness Center East, MCAS Cherry Point, NC 28533 via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

1.2 The contractor is required to completely fill in all required data fields using the following web address is https://www.beta.sam.gov.

1.3 Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at is https://www.beta.sam.gov.

UNAUTHORIZED WORK PERFORMANCE

The Contractor shall not perform work that deviates from contract requirements and the Performance Work Statement. If the Contractor deviates from contract requirements and the Peformance Work Statement without approval of the CONTRACT ADMINISTRATOR/CONTRACTING OFFICER, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.

WAGE DETERMINATION

Incorporation of Applicable Wage Determination: In accordance with FAR 52.222-41, this order is subject to the requirements of the Service Contract Act of 1965, as amended. Applicable Wage Determination No. 2015-4389 (Rev. 15) dated 12/21/2020, which is available at www.wdol.gov , is hereby incorporated by reference.

CONTRACT ADMINISTRATION

1.0 CONTRACT ADMINISTRATION FOR THE GOVERNMENT

a) The following representative of the Contracting Office shall be contacted for contract administration purposes:

Name: Stacie Bell Phone: (252)466-2843 Email: stacie.bell@usmc.mil

2.0 COMMUNICATIONS

a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and is signed by the Contracting Officer or is pursuant to specific authority otherwise included as a part of this contract.

c) A Contracting Officer for the Marine Corps Installations East (MCI East) Contracting Office, is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding, provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than a designated Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made.

d) The contact information for the Contracting Officer is:

Name: Larry Davis Phone: (252)466-7765 Email: larry.davis1@usmc.mil

ADDENDUM TO 52.212-1

1. SUBMISSION OF QUOTES

0. The vendor is responsible for ensuring that quotes are received in the Contracting Office no later than 11:00 AM (EST) on 03 February 2021 as indicated on page one (1) of this solicitation.

0. Quotes shall be submitted electronically via email to stacie.bell@usmc.mil.

0. RFQ # M6700121Q1071 must be clearly shown in the subject line.

1. INSTRUCTIONS FOR THE PREPARATION OF QUOTES: The vendor shall submit the following as part of their quote:

1. Information to determine Technical Acceptability:

0. Provide information that demonstrates how the quoted product meets the specifications/requirements of each line item

1. Price:

1. Quoted firm fixed price for each line item shown.

1. Vendor must include unit price and total amount of each line item.

1. Completed SF1449 to include:

2. Signed / completed page (1) (Blocks 17 & 30)

FAR 52.212-3 (Note: Vendors are only required to complete paragraph (d) if they have not completed their Annual Representations and Certifications via the System for Award Management (beta.SAM.gov)

1. Past Performance

3. Vendor may submit at least (3) relevant past performance references. Relevant past performance is defined as performance of contracts similar in technical complexity to this requirement. Include the following information for each contract listed:

0. Agency or company name

0. Contract Number (if applicable)

0. Point of Contact name and phone number

0. Brief description of each contract and relevance to this requirement

0. Total contract value

0. Period of Performance

3. If the vendor has not relevant past performance history, a vendor must affirmatively state that is posses no relevant past performance history.

CONTRACTOR BASE ACCESS

Marine Corps Installations across the region are transitioning to a new government-owned access control system called Defense Biometric Identification System (DBIDS). This new and enhanced system replaces RAPIDGate and MCESS for contractors and other non-DoD-affiliated personnel requiring installation access. DBIDS is already installed at more than 320 sites with over 5 million registered personnel and unlike previous systems, this one is a free service.

Current RAPIDGate or MCESS credentials can easily be switched out for a DBIDS credential and new contractors can apply for a DBIDS credential using the same vetting requirements as previously required. RAPIDGate/MCESS credentials will be honored until September 30, 2018. After this date, all contractors will be required to have a DBIDS credential in order to access MCB Camp Lejeune and MCAS New River. In order to reduce wait time when exchanging your RAPIDGate/MCESS credential, it is highly recommended each applicant pre-register at https://dbids-global.dmdc.mil/enroll#!/.

Here's what you need to know:

CURRENT DOD ID CARD HOLDERS

-If you currently hold a valid Common Access Card (CAC), dependent ID card, reserve ID card, or retiree ID card, issued by the Defense Enrollment Eligibility Reporting System (DEERS), no further action is required.

-You will be automatically enrolled in DBIDS when your ID card is initially scanned at the gate. Expect a one-time delay of 3-6 seconds as the DBIDS system initially registers your information.

CURRENT CONTRACTORS

- Beginning June 5, 2018, RAPIDGate/MCESS card holders will be required to present a second form of government-issued identification to the gate sentry, along with the RAPIDGate/MCESS credential, in order to access MCB Camp Lejeune and MCAS New River.

- DBIDS credentials will be issued beginning June 25, 2018

- DBIDS credentials will be valid for the duration of your contract, not to exceed five years; however, re-vetting of individuals' information will occur each year.

- Contractors can exchange their current RAPIDGate/MCESS credential for a DBIDS credential without re-vetting, however they will be required to bring the following items:

· Current RAPIDGate/MCESS credential

· Second form of government-issued identification (driver license, passport, etc.)

· Company Contract/Letter of Authorization

· New DBIDS credentials will be valid for the remainder of the contract (not to exceed 5 years), but individuals will be re-vetted each year.

· All contractors (MCB Camp Lejeune and MCAS New River) will be able to exchange their current RAPIDGate/MCESS credential at the Camp Lejeune Contractor Vetting Office, Building TT-13, next to the Wilson Gate. NOTE: If a contractor requires flight line access, they must exchange their credential at Building AS-187 next to MCAS New River's Main Gate entrance. Only contractors needing flight line access will be serviced at AS-187.

Flight line access will still be granted at AS-302 using the procedures already in place.

NEW CONTRACTORS

· DBIDS credentials will be issued beginning June 25, 2018

· New contractors requiring access for over 60 days will receive a credential valid for up to one year.

· New contractors requiring access for less than 60 days will receive a temporary paper pass.

REMINDER: Beginning June 5, 2018, all personnel in possession of a RAPIDGate/MCESS credential will also be required to provide a second valid U.S. government form of identification. Beginning June 25, 2018, DBIDS credentials will be issued or exchanged in place of a RAPIDGate/MCESS credential. The last day RAPIDGate/MCESS credentials will be authorized for entry onto the installation is September 30, 2018.

More information on DBIDS can be accessed by current CAC holders at https://dbids.dmdc.mil/#!/resources.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

CHANDLER COSGROVE

MWSS-272/ EFR BUILDING 4192

MCAS NEW RIVER NC 28540

449-7468

M00272

M00272

M00272

M00272

M00272

M00272

M00272

M00272

M00272

M00272

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

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

Covered telecommunications equipment or services means--

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

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

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

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

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

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

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

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

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

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

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

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

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

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

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

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

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

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

(c) Representations.

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

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

52.212-2 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:

The award will be made using the best value process for simplified acquisitions. For this reason, the final award decision may be made to other than lowest priced or highest technically rated quote. To determine the best value a comparative assessment of the quoter’s price, technical ability, past performance, and other evaluation factors identified elsewhere in this solicitation will be conducted.

The final award decision may involve a trade-off among cost or price and other non-price factors. Factors that may be considered in the trade-off process include, but are not limited to:

· Item Criticality

· Weapons System Application

· Historical Delivery

· Quality Problems

· Concerns over limited sources and industrial base

· Benefits from obtaining new sources

Price. Evaluation of Price will be done on a comparative basis without examining the specific cost elements of the quoter’s price. However, if necessary the Contracting Officer may use alternate price analysis or cost analysis techniques to assist in making a determination that the quoted prices are fair and reasonable.

Technical. The quoter’s technical information will be evaluated based on the information provided by the quoter in accordance with the Addendum to FAR 52.212-1 and to the extent to which the proposed individual demonstrates the ability to provide the product or perform the services in accordance with the requirement such as education, experience, and knowledge in the field and/or industry, and providing the correct part number and/or specification as it relates the requirement of this solicitation.

Past Performance. Past performance on other contracts, both private and government may be evaluated based on information provided by the quoter in accordance with the Addendum to FAR 52.212-1. The government may use past performance information from sources other than those listed in the submitted references, to include the Contract Performance Assessment Reporting System (CPARS), the Supplier Performance Risk System (SPRS), prior dealings with this contracting office and personal knowledge of quoter’s performance from individuals taking part in the procurement process. In addition, the government reserves the right to evaluate the past performance using any acceptable method set forth at FAR 13.106-2(b).

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2020) ALTERNATE I (OCT 2014)

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

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

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

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

"Small business concern"—

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

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

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

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

“Women-owned small business concern” means a small business concern --

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been…