SF30 23Q1025 Amendment 0001.pdf

SEE ADDENDUM

(No Collect Calls)

M6700123Q1025 18-Jan-2023

b. TELEPHONE NUMBER

910-451-1769

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 06 Feb 2023

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.

M670019. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

REBECCA L. HAYES

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

M501693230650

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 BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

M67001MARINE CORPS FIELD CONTRACTING SYS

CONTRACTING DEPARTMENT

MCIEAST

308 HOLCOMB BOULEVARD

CAMP LEJEUNE NC 28547-8368

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 M50169 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

M50169 MCAS BEAUFORT

LS2 COOPER, JACOB

MCAS BEAUFORT STATION SUPPLY BLDG 612 BAY 13

BEAUFORT SC 29902

TEL: 843-228-7945 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$13,000,000

NAICS:

711130

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.

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 OF57

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.

M6700123Q1025

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Music Director

FFP

In Accordance with Performance Work Statement FOB: Destination

PURCHASE REQUEST NUMBER: M501693230650

PSC CD: R499

NET AMT

1001 12 Months OPTION Music Director

FFP

In Accordance with Performance Work Statement FOB: Destination

2001 12 Months OPTION Music Director

FFP

In Accordance with Performance Work Statement

QUOTER INSTRUCTIONS

ADDENDA TO FAR 52.212-1

(b) SUBMISSION OF QUOTES.

Addenddum to paragraph (b):

Quotes shall be submitted electronically via e-mail to rebecca.l.hayes@usmc.mil.

Addendum to paragraph (b)(1):

RFQ Number M6700123Q1025 must be clearly shown in the subject line.

Addendum to paragraph (b)(2):

The vendor is responsible for ensuring that quotes are received in the Contracting Office no later than 2:00 P.M. (EST) on 06 February 2023 as indicated on page one (1) of this solicitation. Failure of vendor’s quote to be received prior to the hour and date specified may result in rejection of the quote.

Addendum to paragraph (b)(4):

The offeror shall submit with their offer:

Technical Capability:

Descriptive literature outlining the of the items capability to meet/provide for the requirements within the performance work statement (PWS).

Addendum to paragraph (b)(6):

The offeror shall submit with their offer:

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).

Addendum to paragraph (b)(8):

Completed Representations and Certifications. The following representations and certifications 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 representations and certifications via the System for Award Management (SAM) website.)

FAR 52.204-24 or FAR 52.204-26 DFARS 252.204-7016 or DFARS 252.204-7017

Addendum to paragraph (b)(10):

Past Performance: Supplier Performance Risk System (SPRS) will be used to evaluate past performance. Other methods of past performance determination may be used by the Government.

(End of Addenda to Provision)

UNAUTHORIZED WORK PERFORMANCE

The Contractor shall not perform work that deviates from the Purchase Order requirements and the Performance Work Statement. If the Contractor deviates from the Purchase Order 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 Contrator.

PERFORMANCE WORK STATEMENT

Music Director

1. Scope: A Music Director/Musician is required to provide services as a Music Director/ Musicain for the Catholic and Protestant music program at Marine Corps Air Station Beaufort, SC. Hiring a Music Director/Musician to complete the mission and objectives of the Marine Corps Airstation Religious Ministy Program.

2. Services to be provided: The contractor shall provide services as Music Director/Musician for the Catholic and Protestant music program under the supervision of the Command Chaplain; and in cooperation with the Contract Priest (if one is required). An essential component of this requirement is the provision of a well-organized and professionally executed liturgical music program, which promotes the full conscious and active participation of the assembly. Using chapel equipment the responsibilities shall include:

2.1 Organ/piano accompaniment and choral direction for rehearsals and worship services as listed below.

2.2 Provision of accompaniment (organ and piano) and direction for all congregational singing required during worship services. Music composition will be provided, in part, by the government and Chapel music files.

Additional music such as preludes, offertories and postludes presented by the contractor will be based on compositions appropriate to Catholic and Protestant worship.

2.3 Submit applicable notices and announcements concerning choir activities; performances for review by the

Priest and Protestant Chaplain at least ten days prior to inclusion in the Sunday bulletin or media release.

2.4 Work in cooperation with the chapel community to provide appropriate musical accompaniment and choral direction for the rehearsal and performance of Christmas Programs and Thanksgiving Day Services.

2.5 Actively work to improve the Catholic and Protestant worship music program.

2.6 Select, teach, and lead the Catholic and Protestant communities in traditional and contemporary worship.

2.7 Meet monthly with the Priest/Chaplain to coordinate musical support and liturgy planning.

2.8 Provide accompaniment and direction for a children’s choir during Children’s church.

3. Catholic and Protestant Worship Schedules

3.1 Catholic Worship Schedule

Occasion QTY Saturday Mass Not to Exceed (NTE) 52 Sunday Mass NTE 52 Seasonal/Special Service NTE 19 Memorials NTE 06 Rehearsals NTE 52

3.1.1 Special and Seasonal Catholic services may include, but are not limited to:

Occasions Christmas Eve Good Friday Christmas Midnight Easter Vigil Christmas Day First Communion Rehearsal New Year’s Day Confirmation Rehearsal Holy Thursday Thanksgiving

3.2 Protestant Worship Schedule

Occasion QTY Sunday Services NTE 52 Seasonal/special Service NTE 12 Memorial Service NTE 05 Choir Rehearsals NTE 52 Vacation Bible School NTE 05 Miscellaneous Services NTE 55

3.2.1 Special and Seasonal Protestant services may include, but are not limited to:

Occasions Christmas Eve New Year’s Day Christmas Midnight Holy Thursday Christmas Day Good Friday Easter Sunrise

4. Qualifications:

4.1 Must audition prior to award of contract

4.2 Five years of military music ministry experience

4.3 Be proficient and competent in musical interpretation and performance and able to sight read music

4.4 Quote must demonstrate the ability to play both the organ and the piano.

4.5 Must state experience playing preluse, an offertory, communion meditation, postlude, and hymns.

4.6 Must be able to sight read randomly selected music.

4.7 Verify familiarity with all verses with sensitivity to text of each verse (meaning change of registration, etc.)

with an appropriate introduction.

4.8 Familiarity with Catholic liturgy and ask them to accompany cantor in singing a Kyrie, Gloria, Sanctus, Memorial Acclamation, Great Amen, and Agnus Dei.

4.9 Candidate directs a choir for the Christmas, must show experience in this area.

5. Point of Contact: The Command Chaplain, will be the Contracting Officer’s technical representative for this contract. Contact information will provided upon award.

6. General Information: This position is estimated at thirty-two hours weekly to include the Music Director’s practice time and based on an annual calendar of activity that may have seasonal variation. The Music Director is expected to be present on Sunday Morning, attend Monday morning Staff Meetings upon request of the Command Chaplain and have a flexible weekday schedule to accommodate practices and Memorials. The contractor shall perform these duties at Marine Corps Air Station Beaufort, South Carolina using Government facilities, equipment and materials.

7. Government Provided Equipment: The contractor shall notify the Command Chaplain of any recommendations and requirements for the maintenance, repair and improvement of government owned organs, pianos and related equipment in the chapel center.

8. Absences: When a substitute is needed, arrangements shall be made by the contractor. Substitutes must demonstrate proficiency in organ/keyboard/piano through audition prior to the event substituted. Notification of substitution shall be made to the Command Chaplain at least two weeks in advance, except for emergencies.

Payment of substitutes shall be the sole responsibility of the contractor. Absences should not exceed five instances per year.

9. Special Invoicing Instructions: Invoices for services performed shall be submitted by the contractor monthly, after completion of such services. Each invoice will include the number of services performed, the total amount of the invoice, the period covered and the purchase order number. Each monthly payment will be for the actual number of services performed.

10. Deductions from Contractor Pay: Social Security, state, local, and federal taxes shall be paid by the contractor who shall have no further claim on the government beyond salary as specified by this contract.

11. Fees: The contractor shall not receive any additional fees for services rendered under this contract.

12. Termination: This contract may be terminated if the terms of this contract are not fulfilled in one or more of the following ways:

12.1 Not providing written notice to Command Chaplain (or his/her representative) and concurrence of absence and assigned qualified and approved substitute.

12.2 Repeated display of documented behavior contrary to good order and discipline.

12.3 Inability to work peacefully with others, both volunteers and chapel staff.

12.4 Inability to work in a pluralistic environment. This includes respect for denominational/faith group differences, and tolerance for diversity in a military setting.

13. Base Access: Contractors, and/or delivery drivers, must have in their possession: the contract number, address, and sponsor’s contact information in order to gain initial access to the base. (The sponsor for this requirement will be provided at the time of award.)

Sponsor:

Phone Number:

Email:

13.1 Contractors must be registered in the Defense Biometrics Identification System (DBIDS). It is the Contractors responsibility to ensure all their employees and or subcontractors are properly registered within DBIDS.

13.2 DBIDS Issuance Requirements:

13.2.1 Contractors who have filled out the SECNAV 5512/1, and have been vetted for access and cleared through the security manager’s office aboard MCAS Beaufort, SC will proceed to the visitor’s center to be issued their DBIDS credential.

13.2.2 Pre-enrollment is required for issuance at https://dbids-global-enroll.dmdc.mil/preenrollui/#!/.

13.2.3 Valid Vehicle Registration

13.2.4 Valid Vehicle Insurance

13.2.5 Two forms of Identification (Driver’s License, Social Security Card, VA ID Card, Passport)

13.2.6 Have the QR code with you. This may be printed from the from the pre-enrollment process

13.3 DBIDS credentials will be valid for the duration of your contract, not to exceed three years. However, re-vetting of individuals information will occur each year.

13.4 Contractors requiring access for over 60 days will receive a credential valid for up to one year.

13.5 Contractors requiring access for less than 60 days will receive a temporary paper pass.

13.6 Contractor Common Access Card (CAC) Eligibility: Contractor personnel authorized CAC’s are exempt from DBIDS enrollment.

13.7 If you have additional questions regarding DBIDS contact the Provost Marshal Office at (843) 228- 6161 or the Visitor’s Center at (843) 228-7750.

**The Government will not be responsible for any contractor access delays. Delays that may result from inadequate planning are strictly the responsibility of the contractor.**

Quality Assurance Surveillance Plan

1. Objective. This Quality Assurance Surveillance Plan (QASP) serves as the principal basis for assessing overall performance quality associated with the Performance Work Statement (PWS) for Music Director. This document will be used by the Government to assess the effectiveness of the Contractor’s quality with respect to technical services provided. This QASP provides the methodology by which the Contractor's performance will be monitored to determine compliance with established performance objectives and to establish performance benchmarks that ensure a quantifiable basis for measuring effectiveness. The plan is designed so that surveillance is limited to that which is necessary to verify the Contractor is performing management and technical services satisfactorily and relates directly to performance objectives of the performance objectives delineated in the PWS. The contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract.

The role of the Government is quality assurance to ensure contract standards are achieved.

2. Government Surveillance. The Technical Point of Contact (POC) will serve as the administering authority for this contract, and his authority will be limited to administering specific technical aspects of the contract. The Technical POC will not provide direction that is outside the scope of responsibilities delineated under this contract and task orders and will defer any conditional interpretations to the Contracting Officer. The Technical POC will:

• Maintain a detailed knowledge of the technical requirements of the contract;

• Document Contractor performance in accordance with the QASP;

• Identify and immediately forward notifications of deficient, or non-compliant performance to the Contracting Officer;

• Approve priorities of support, resources, and associated schedules.

3. Surveillance Methods. Surveillance of Contractor performance is the method used by the Government to determine whether the contractor is effectively and efficiently complying with all terms and conditions of the contract. In addition to statistical analysis, the functional expertise of the Technical POC plays a critical role in adequately evaluating contractor performance. The below listed methods of surveillance shall be used in the administration of this QASP:

Demonstration: A qualification method that is carried out by operation and relies on observable functional operation. It does not require the use of instrumentation or special test equipment;

Inspections: A qualitative inspections can be accomplished through one of the following techniques:

• Random/Stratified Sampling: With random sampling, services are sampled to determine if the level of performance is acceptable. Random sampling works best when the number of instances of the services being performed is very large and a statistically valid sample can be obtained. Stratified sampling focuses on selected parts of total contractor output for sampling. Computer programs may be available to assist in establishing sampling procedures. Random/Stratified Sampling will be accomplished through observation of observable functional within the performance standards.

• Periodic Inspection, Judgmental Inspection or Planned Sampling: This method, sometimes called "planned sampling”, consists of the evaluation of tasks selected on other than a 100% or random basis.

• 100% Inspection: Each month, the COR, shall review all generated documentation and deliverables enter summary results into the Surveillance Activity Checklist.

Customer Feedback: A qualitative method to measure Customer satisfaction as an indicator of the success and effectiveness of all services provided and can be measured through customer complaints. Customer feedback can highlight issues and/or problems with performance that require further investigation. Customer feedback may also be obtained either from the results of formal customer satisfaction surveys or from random customer complaints.

4. Performance Requirements Summary (PRS):

Service PWS Reference

Performance Standard

Acceptable Quality Level

Method of Surveillance

Incentive / Penalty

Provision of accompaniment (organ and piano)

2.1 Direction for all

congregational music and singing required during worship services.

100% COR Tracking

Require the contractor to take necessary action to ensure that future performance conforms to

Taking Action

a. The Government POC may evaluate the contractor’s performance and document any non-compliance, but only the Contracting Officer may take action against the contractor for an unacceptable rating.

b. When the contractor’s performance is unacceptable and a formal action is indicated, the Government will recommend what action may be appropriate for the specific circumstances to the Contracting Officer.

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 contract requirements

Cooperation with the chapel community

2.4 Provide appropriate

musical accompaniment and choral direction for the rehearsal and performance of Christmas Programs and Thanksgiving Day Services

100% COR Review for completion and accuracy

Reduce the contract price to reflect the reduced value of the services performed

Administration 6. Meet monthly with the Priest/Chaplain to coordinate musical support and liturgy planning; submit applicable notices and announcements concerning choir activities and performances

100% Customer input / random sampling / COR review

Exercise option

Musical interpretation

4.3 Be proficient and

competent in performance and able to sight read music.

100% Customer input / random sampling / COR review

Absences 8. Ensure a replacement is available for absences

100% COR tracking

1001 Destination Government Destination Government 2001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 12-FEB-2023 TO

11-FEB-2024

N/A M50169 MCAS BEAUFORT

LS2 COOPER, JACOB

MCAS BEAUFORT STATION SUPPLY

BLDG 612 BAY 13

BEAUFORT SC 29902

843-228-7945

M50169

1001 POP 12-FEB-2024 TO

11-FEB-2025

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 12-FEB-2025 TO

11-FEB-2026

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 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 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) OCT 2022 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

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

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

JAN 2021

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

SEP 2014

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

MAY 2022

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7017 Accelerating Payments to Small Business Subcontractors-- Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.239-7017 Notice of Supply Chain Risk FEB 2019 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 Items JAN 2021

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.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 proposed acquisition is for a 100% Small Business Set Aside for NAICS code 711130. All responsible business sources may submit a response which, if received in a timely manner, will be onsidered by the agency.

BASIS FOR AWARD: The award will be based on Best Value, considering all factors including price. The Government intends to make an award to the vendor whose proposal represents the best value to the Government based on 1) price, 2) technical capability to meet qualifications, and 3) past performance.

This acquisition will be conducted in accordance with FAR Part 12, Acquisition of Commercial Items and FAR Part 13, Simplified Acquisition Procedures using best value to include evaluation of price and non-price factors (technical capability and past performance).

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 PRODUCTS AND

COMMERCIAL SERVICES (OCT 2022) 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, 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.

"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.

"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 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.

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

(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.

(11) (Complete if the…