M6700121Q1109.docx

M6700121Q1109

Section SF 1449 - CONTINUATION SHEET

Parts

FFP

Parts to be replaced in Crane 299: Bridge control panel, C-Track festoon system, and runway 4-bar electrification.

FOB: Destination

MILSTRIP: N6592321SUT685N

PURCHASE REQUEST NUMBER: N6592321SUT685N

PSC CD: J049

NET AMT

Upgrade of Crane

FFP

To include travel and labor. All services are to be performed in accordance with the Performance Work statement.

FOB: Destination

MILSTRIP: N6592321SUT685N

PURCHASE REQUEST NUMBER: N6592321SUT685N

PSC CD: J049

NET AMT

PERFORMANCE WORK STATEMENT

1.0 SCOPE. This Performance Work Statement defines the Government’s minimum requirements for a vendor to perform the work described below located in SHOP 65140, Building 4224 at the Fleet Readiness Center East (FRC-East) aboard Marine Corps Air Station Cherry Point NC.

2.0 APPLICABLE DOCUMENTS. The following documents form a part of this SPEC to the extent specified herein.

3.0 GENERAL REQUIREMENTS.

3.1 The contractor shall have at least two (2) years of experience installing similar weight handling equipment systems.

3.2 The contractor must comply with all applicable work site requirement identified in the FRC-East Instruction, FRCEASTINST 5000.1B.

3.3 The contractor shall ensure coordination of all work, including specific days, time and duration, with the Contracting Officer, the Chief Crane Engineer and the Production Shop Supervisor. Work shall not proceed without production supervisor concurrence.

3.4 The contractor shall supply all tools and equipment required to provide services described in this requirement. The Contractor shall not, at any time, borrow or use any FRC-East tools or equipment. This includes forklifts, ladders, man lifts, motorized lifts, cranes, electric carts, etc. Utilities for power tools (90 psig compressed air and 115VAC electricity) are available on-site.

3.5 The contractor supplied cranes shall be inspected by the Government’s inspector prior to making any lifts. A certificate of compliance shall be provided, for each crane to be used by the Contractor. A critical lift plan shall be submitted for all lifts exceeding 75% of the crane's capacity. Usage of cranes shall comply with 29 CFR 1926.550 and only qualified and trained personnel shall operate them. In the event of a crane accident, the contractor shall secure the site and notify the Contracting Officer and the Weight Handling Equipment Team at (252) 464-7661 within four (4) hours.

3.6 No work shall be performed on any energized equipment. Prior to installation and/or removal of any equipment, the Contractor shall lockout / tag out all energy sources in accordance with OSHA 29 CFR 1910 and then notify the Government for final approval. The Government may also choose to dual lockout / tag out the equipment. In the event that any electrical equipment must be worked live, approval shall be obtained by FRC-East Safety Department, and that specific work shall be performed in accordance with the National Fire Protection Association (NFPA) Standard 70E, Electrical Safety in the Workplace.

3.7 The contractor shall be responsible for the disposal of all removed materials. Material shall be transported, by the contractor, in a contractor owned medium, to the Defense Reutilization and Marketing Organization (DRMO). The organization is within base, no off base travel is required.

3.8 The contractor shall keep the work site clean of trash and debris.

3.9 The contractor shall disconnect from power at the end of each workday to include all portable electric and air-operated tools and devices (saws, sanders, compressors, extension cords, lights, etc.).

3.10 The contractor shall require their personnel to familiarize themselves with the location of the nearest fire alarm boxes and place in phone memory the emergency MCAS Cherry Point Fire Department number (911).

3.11 The Contractor shall require their employees, while on-site, to wear the following PPE at all times:

3.12 The Contractor shall perform any hot work in accordance with NFPA 51B. Prior to performing on-site hot work or operating other flame/spark producing devices, a written permit shall be obtained from the MCAS Cherry Point Fire Department. The Contractor shall provide at least two (2) 20 pounds 4A: ABC rated fire extinguishers for normal hot work. Extinguishers shall have a current inspection tag, approved safety pin and a temper resistant seal. In addition, the contractor shall maintain a fire watch for a minimum of 120 minutes after completion of task.

4.0 SPECIFIC REQUIREMENTS.

4.1 MATERIAL

4.1.1 The refurbishment of crane 299 shall:

4.2 LABOR

4.2.1 The contractor shall be allowed the opportunity to perform an initial site visit to obtain any information and dimensions required for the proper preparation of submittal package.

4.2.2 The contractor shall provide two (2) hard copies and one (1) electronic copy of submittal package for review and approval by the FRC-East Chief Crane Engineer within 15 days of contract award. The package shall include mechanical and electrical shop drawings and material specifications. Contractor shall not order any equipment without the written approval of submittals. The Government will provide a response within 15 days of reciept.

4.2.3 The Contractor shall accomplish work between 7:00 A.M. to 3:00 P.M. EST, Monday through Friday. The Government must approve requests for deviation from these hours.

4.2.4 The contractor shall complete the Installation within 16 weeks of submittal approval.

4.2.5 Upon completion of installation, the Contractor shall:

4.2.6 Corrections shall be completed by the Contractor within two (2) weeks after testing.

5.0 INSPECTION AND TESTING.

5.1.1 Inspection. The Government will inspect the installed product to ensure compliance with the requirements defined within this requirement prior to and during testing. A punch list will be compiled and presented to the contractor for corrections.

5.1.2 No-load Test. The Government inspector will travel the crane through its full travel range for three (3) complete cycles. All crane features and operational safety devices will be checked for functionality. Reference NAVFAC P-307, Section E, paragraphs 6.1 through 6.1.3.

5.1.3 Load Test. The Government inspector will test the installation using a test load of 125% - 130% of the crane rated load. Reference NAVFAC P-307, Section E, paragraphs 6.2 through 6.2.3.

5.1.4 Failure to perform. Failure to successfully perform any of the above tests shall nullify any previous test results.

5.1.5 Deficiency Corrections. All deficiencies shall be corrected prior to final acceptance.

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 Performance 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. 2015-5781 (Rev. 12) 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 30 April 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 # M6700121Q1109 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

1.0 CONTRACTOR ACCESS TO MARINE CORPS INSTALLATION AND THE FLEET READINESS CENTER EAST

1.1 Performance of this requirement requires access to Marine Corp Air Station (MCAS) Cherry Point and the Fleet Readiness Center (FRC) East. Contractor personnel shall follow all procedures for access to the Air Station in accordance with Air Station Order (ASO) 5560.6A, available at: http://www.cherrypoint.marines.mil/Portals/86/Docs/Cherrypointorders/5560.6A.pdf?ver=2016-03-29-110019-410 and FRC East Instruction 5000.1B, Enclosure 1, available at: http://www.navair.navy.mil/frce/sites/g/files/jejdrs421/files/2018-11/5000.1B%20JUNE%202017%20enc1.pdf Separate access requests are required for Base Access and FRC East access. Please note, due to the Real ID Act, some state driver’s licenses will not be accepted without a second form of identification, like a passport.

1.2 Marine Corps Installations transition to new access control system

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 will replace 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 December 31, 2018. After this date, all contractors will be required to have a DBIDS credential in order to access MCAS Cherry Point. 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

· DBIDS credentials will be issued beginning September 24, 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 (MCAS Cherry Point) will be able to exchange their current RAPIDGate/MCESS credential at the MCAS Cherry Point Contractor Vetting Office, Building 251 (Pass and ID).

NOTE: Flight line access will still be granted at Physical Security using the procedures already in place.

NEW CONTRACTORS

· DBIDS credentials will be issued beginning September 24, 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 October 1, 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 September 24, 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 December 31, 2018.

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

If you have questions regarding the exchange of a current RAPIDGate/MCESS credential for DBIDS or you are a new contractor seeking enrollment into DBIDS, please contact the Contractor Vetting Office at (252) 466- 4685/5921/3066/3461.

1.3 The FRCE point of contact for this requirement is: (Insert name, phone number, and e-mail of FRCE POC). Note: There is no visit request form. A visit request may be in the form of an email or fax submitted on company letterhead and must contain the following information:

1. Last name, first name, Middle name, Place of birth, last four digits of social security number, and citizenship.

1. Name of the FRC point of contact and their phone number.

1. Purpose of visit, if classified/unclassified visit, dates of visit (one year maximum), company name, POC and phone number.

1. Include a statement affirming that the FRC EAST Information Brochure was read and understood by all visitors/contractors listed on the visit request. If a visitor/contractor has not rea the FRC EAST Information Brochure prior to their arrival, a copy may be obtained by their sponsor on the CP-Web under Security (Physical Security) “FRC EAST ACCESS CONTROL – FRCEASTINST 5000.1B CH-1 Encl: (1)” or at Building 137, Security Guard Post 1.

1.4 Additional information regarding access to the Air Station is available by phone at 252-466-5921. Additional information regarding access to the FRC East is available by phone at 252-464-7397 or by accessing the FRC East web-site at http://www.navair.navy.mil/frce/visinfo.html . Failure to submit the proper visit request information may result in denial of access to the facility.

1.5 The MCAS Cherry Point main gate is located off NC State Highway 101, Havelock, NC. Visitors without proper vehicle identification are required to check-in at the visitor’s center adjacent to the main gate.

1.6 Contractors are required to wear personal protective equipment (PPE) consisting of hearing protection, eye protection, and safety shoes. PPE will not be provided by the facility. Contractor representatives without the appropriate PPE will not be allowed access to the facility.

2.0 IDENTIFICATION OF CONTRACTOR PERSONNEL

Contractor personnel shall identify themselves as contractor personnel by introducing themselves or when being introduced. Contractor personnel shall display distinguishing badges or other visible identification for meeting with Government personnel. Contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

3.0 WORK PERFORMED ON MARINE CORP INSTALLATIONS

3.1 The worked described herein shall be performed at the Fleet Readiness Center (FRC) East, Bldg. 133, MCAS Cherry Point, NC and shall be performed during the FRC East’s normal working hours, Monday through Friday 0630 to 1500, unless otherwise requested by the contractor and approved in advance by the Government.

3.2 During the course of contract performance the contractor, as a resident of the installation and facility, shall adhere to all rules and regulations in effect at Marine Corps Air Station Cherry Point and the FRC East. Contractors are required to comply with all Federal and North Carolina State Environmental, Security, and Safety Compliance requirements along with other command policies as stated in the FRC East Information Brochure (FRCE Instruction 5000.1B, Enclosure 1 (attached). Failure to adhere to these requirements may result in suspension or debarment of the individual employees and/or the contractor.

3.3 The contractor shall report any accidents or injuries occurring on site to the FRC East Safety Office via telephone:

Safety Office - 252-464-7015

Fire Department - 911

Fire Department Dispatch - 252-466-3616

Plant Engineering - 252-464-7640

Quality Department - 252-464-9397

ISO 14001 Management Rep - 252-464-9814 or 252-464-8412

Security - 252-464-7999

Hazardous Material Program Manager - 252-464-8051

Environmental Office - 252-464-8042

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

ANTOINETTE M. JOHNSON

FLEET READINESS CENTER EAST DLA

BEACHY RD. BUILDING 148, BAY C

CHERRY POINT NC 28533-5040

252-464-5532 FOB: Destination N65923

FOB: Destination N65923

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021) ALTERNATE I (OCT 2014)

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

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

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

"Forced or indentured child labor" means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"—

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

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

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

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

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

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