M6700123Q1075.pdf

PDF 924 KB Posted Mar 23, 2023

Attached to: Portable Toilet Requirement Federal contract opportunity
Solicitation number: M6700123Q1075
Issued by: United States Marine Corps

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SEE ADDENDUM

( No Col lect Cal ls )

M6700123Q1075 23-Mar-2023

b. TELEPHONE NUMBER

910-451-9199

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 28 Mar 2023

5. SOLICITATION NUM BER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

( SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. TH IS ACQUISI TION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M670019. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAM E

JOHN E. REESE

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

0 27a. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRI ATION DATA

1. REQUISITION NUMBER

20.

ADDI TIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

M MP1003277951

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52. 212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO I TEMS:

. YOUR OFFER ON SOLICITATION

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

% FOR:SET ASI DE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

M67001MARINE CORPS FIELD CONTRACTING SYS

ATTN: JOHN REESE

PO BOX 8368

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 M MP100 16. ADMINISTERED BY

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

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLIC ITATION

RFQ IFB RFPX

M MP100

KEVIN RIGGS

PUBLIC WORKS SUPPLY

FC-441 GONZALES BLVD

CAMP LEJEUNE NC 28542

TEL: 910-451-7190 X221 FAX:

FAX:

TEL: 910 451-9197

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

562991

OFFER DATED

29. AW ARD OF CONTRACT: REF.

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

COPI ES TO ISSUI NG OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN- OWNED

SM ALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF47

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEI VED INSPECTED

32b. SIGNATURE OF AUTHORI ZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATI VE

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

37. CHECK NUMBER

FI NALPARTIALCOMPLETE

36. PAY MENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHI P NUMBER

PARTI AL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M6700123Q1075

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Rental of Portable Toilets

FFP

43 Portable toilets with service three times a week at all locations in accordance with the Performance Work Statement (PWS).

43 Portable Toilets Per Month X 12 Months = 516

43 Portable Toilets at $__________each= $_______per month $______________per month X 12 = $___________ for one year of service

FOB: Destination

PURCHASE REQUEST NUMBER: MMP1003277951

PSC CD: W085

NET AMT

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 31-MAR-2023 12 MMP100

KEVIN RIGGS

PUBLIC WORKS SUPPLY

FC-441 GONZALES BLVD

CAMP LEJEUNE NC 28542

910-451-7190 X221 FOB: Destination

MMP100

PERFORMANCE WORK STATEMENT

Performance Work Statement for

Portable Toilet Services

1.0 BACKGROUND – The Public Works Division, has a requirement for the rental and servicing of portable toilets to support Marines training at various training locations aboard Marine Corps Base Camp Lejeune, NC. Services include delivery to site, setup for operation, servicing as required by the contract, and removal at the end of the period of performance.

2.0 LOCATIONS – Portable Toilets shall be located aboard Camp Lejeune, NC in the on base training areas given by Grid Coordinates below. Locations may be subject to change.

2.1 DELIVERY OF PORTABLE TOILETS – Delivery and contact shall be made during normal working hours of 7:30am - 3:30pm, Monday through Friday, excluding Government holidays.

The Contractor shall contact the Government Technical Representative in paragraph 5.2 of the performance work statement (PWS) 24 hours prior to delivering toilets. On the day of delivery, the

PORTABLE TOILET RENTAL & SERVICE LOCATIONS

Range Camp Grid

Coordinates Location Qty

G710 Armory Geiger 753463 BLDG:608> END OF 7TH STREET 2 Geiger MOUT Geiger 754455 Corner of 7TH ST & "C" St 4 LZ15 Geiger 748467 Corner of 11TH & "C" ST 2 LZ15A (O Course) Geiger 749451 11TH ST > Obstacle Course 4 TC760 Backside Geiger 756465 Parade Grounds > Off Church St 5 DD41 Confidence Course

Devil Dog 750413 Bldg: RR-160 > Marsoc Main Gate 0

Devil Dog MOUT Devil Dog 86983719 Bldg FC-136 McHugh Blvd 2 DD103 Compound Devil Dog 85593802 Bldg: 1747 > Louis Rd 2 DD16 > Power Line/Perimeter

Devil Dog 753418 By Range Map > Camp Devil Dog-Verona Loop Rd

Obstacle Course > Back Lot

Devil Dog Camp Devil Dog/Verona Loop Rd 4

VL44 LZ Parrott (Front)

Verona Loop 767393 "R-TAMA" Camp Devil Dog > Verona Loop Rd

VL45 LZ Parrott (Class)

Verona Loop 768393 Inside Compound 7

Vehicle Escort Lot Lejeune – Mainside

878433 Off Piney Green Road 3

Piney Green Gate Lejeune – Mainside

875440 Beside Bldg. 979 1

TOTAL 43

Government Technical Representative shall arrange for a representative to escort the contractor to the exact delivery sites for initial placement of the toilets.

Roads in the Camp Lejeune training areas are hard packed secondary roads. At no point will the contractor deviate from any road. Due to road conditions in the training areas, no vehicles larger than a 24ft Stake Bed Truck are authorized.

3.0 REQUIREMENTS – The contractor shall provide all qualified personnel, supervision, supplies, materials, equipment, tools, and transportation necessary to provide portable toilets and cleaning services in accordance with this PWS. Performance shall be in accordance with contract specifications, current Federal, State and Local laws, ordinances, and regulations.

Rental and servicing of portable toilets shall include delivery to site, setup for operation, servicing of toilets, and removal as required by the PWD.

3.1 TOILETS – The toilets shall have no open spaces, crevices, or any other hard to clean features within the toilet. The floor shall be provided with suitable anti-skid protection. If the anti-skid device is removable it shall be easily replaceable. Materials used for construction of toilets shall be corrosion resistant and withstand temperatures from -25 degrees Fahrenheit to +120 degrees Fahrenheit. The toilet’s interior finish shall facilitate cleaning and be impervious to the absorption of chemical and waste derivatives.

3.2 HARDWARE – All hardware, including latches, chains, locks and hinges shall be made from corrosion resisting steel, brass, or carbon steel. If made from carbon steel, it shall be zinc, cadmium or chrome plated. Metals shall be selected for similarity to reduce or inhibit electrolytic corrosion. An outside hasp assembly shall be provided.

3.3 SKIDS AND TANK UNDER GUARD – All toilets shall be securely mounted on skids.

3.4 TANK INTERIOR - Surface shall be resistive to chemical and waste corrosion and impervious to the absorption of waste and chemical derivatives.

3.5 TANK VENTING – Tanks shall be vented to the outside having minimum vented area of 12.5 square inches which is a circle approximately 4 inches in diameter.

3.6 TANK CAPACITY – Tank capacity shall have a minimum of 40 gallons.

3.7 SEAT – Seat shall have a smooth surface that resists burning and corrosion.

3.8 TISSUE DISPENSER AND TISSUE – A minimum two-roll toilet tissue dispenser shall be provided. The dispenser shall be contrasted to prevent “free reeling” of the toilet tissue and shall be refilled to capacity at each servicing.

3.9 HAND SANITIZER DISPENSER – A hand sanitizing dispenser shall be provided and attached to the interior of each portable toilet. The dispenser shall be constructed in such a manner as to dispense measured quantities of hand sanitizer and shall be refilled to capacity at each servicing.

3.10 TOILET IDENTIFICATION – All toilets shall have affixed to the exterior, the Contractor’s name, a unique serial number and the contractor’s telephone number. The information shall be a minimum of three (3) inches in height, and clearly visible at all times.

3.11 SERVICING OF TOILETS – The contractor will have access to the site to perform routine service during the normal working hours of 7:30am - 3:30pm, Monday through Friday, excluding

Government holidays. For questions or issues pertaining to site access for service performance, the contractor will contact the Government Technical Representative in paragraph 5.2 of the PWS during normal working hours.

All units shall be serviced a minimum of three times a week for the duration of the period of performance.

Services shall include the complete removal of all waste, debris, and other contaminants from waste tanks, seats, doors, floors, and other exposed interior and exterior surfaces, to include washing, sweeping, dusting, mopping, and applying a commercial grade cleaner and disinfectant to interior surfaces.

Waste tanks shall be recharged with sufficient quantity of chemical to ensure an odorless unit. The Contractor shall take extreme care to prevent any spillage of the waste tank contents. In the event a spillage does occur, the Contractor shall thoroughly clean the entire area contaminated by the spill, in accordance with Occupational Safety and Health Administration (OSHA), Base Health and Safety, and current Federal, State and Local laws, ordinances, and regulations.

The Contractor shall replenish toilet paper, paper towels, and hand sanitizer in the portable chemical toilet at each service to ensure they are filled to capacity.

The Contractor shall repair or replace toilets as often as necessary to maintain them in a watertight, neat, sanitary, and operational condition in compliance with contract specifications.

3.12 WORK SITE – Upon completion of all services, the contractor shall remove all parts, debris, trash, waste, or any other materials resulting from work under this contract at their expense. In the event the contractor encounters any discrepancies at the work sites, the contractor shall immediately report the findings to the Government Technical Representative.

3.13 WASTE DISPOSAL – The Contractor shall supply and dispose of all chemicals or substances used in the sanitary treatment of toilet waste. Toilets shall be maintained in a sanitary condition, with the collected waste being treated and disposed of in compliance with all applicable Federal, State, and Local laws, ordinance and regulations. All Waste must be disposed of OFF BASE at the Contractor’s expense.

3.14 REMOVAL OF CONTAMINATION – In the event the contractor contaminates Government property while performing contract services, the contractor shall remove all contamination at their expense, prior to leaving the area.

3.15 PORTABLE TOILET RELOCATIONS – The contractor shall move portable toilets to new sites withing the operating area as requested by the Government. The assigned POC will provide locations as needed.

3.16 REMOVAL OF PORTABLE TOILETS – The contractor shall remove all toilets as required by the contract and at the end of the period of performance. The contractor shall remove all portable toilets within five (5) days of completion of the contract.

4.0 CONTRACTOR UNAUTHORIZED WORK PERFORMANCE – The Contractor shall not perform work that deviates from contract requirements and specifications. If the Contractor deviates from contract requirements and specifications without approval of the CONTRACT ADMINISTRATOR/OFFICER, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.

5.0 GOVERNMENT POINTS OF CONTACT – The Government points of contact are not warranted Contracting Officers and do not have the authority to take any action, either directly or indirectly, that would change the pricing, quantity, place of performance, delivery schedule, or any other terms and conditions of the contract.

5.1 Contract Administrator: John Reese at 910-451- 9199

5.2 Government Technical Representative: Kevin Riggs at 910-451-7190 ext 221

6.0 GOVERNMENT RESPONSIBILITIES – The Government agrees to provide the vendor access to the work site for delivery and servicing between the normal working hours of 7:30am - 3:30pm, Monday through Friday, excluding Government holidays. Requested services outside these hours is subject to contracting officer approval.

The Public Works Division will be held responsible if the Government loses, damages, or relocates the Contractor’s items/equipment while being utilized by the Government. Government personnel will not repair, service, or move the Contractor’s items/equipment except as: (1) necessary in the event of an immediate hazard to persons or property (e.g.: impending hurricanes, tornadoes, etc.); mutually agreed upon by Contract Administrator and the Contactor.

7.0 QUALITY ASSURANCE – The Government evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards shall be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Performance Objective

PWS Para. Performance Standard Acceptable quality Level (AQL)/Frequency

Remedy

Portable Toilets

Servicing of Portable Toilets ondition of Work Site

Waste Disposal

3.1 – 3.10

3.11

3.12

3.13 – 3.15

Provide Portable Toilets per the PWS.

Provide Servicing of Portable Toilets three times a week per the PWS.

Remove all parts, debris, trash, waste, or any other materials from work site.

Treat and dispose of all waste in compliance with all applicable Federal State, and Local laws, ordinance and regulations.

All Waste must be disposed of OFF BASE.

100%/Random sampling and customer feedback

100%/ Random

80%/ Random

100%/ Random

Contractor shall replace any portable toilets not meeting the minimum standards of the

PWS.

Contractor shall re-perform servicing of portable toilets.

Contractor shall immediately remove all debris, trash, waste, materials at their expense.

Contractor shall immediately remove all contamination at their expense

8.0 BASE ACCESS INSTRUCTIONS FOR MARINE CORPS BASE CAMP LEJEUNE AND

MARINE CORPS AIR STATION NEW RIVER

-Contractors and/or Delivery drivers must have in their possession: their contract number, delivery address, and sponsor’s contact information in order to gain initial access to the base. For services the Contracting Officer’s Representative (COR) is the sponsor, for supply deliveries the customer/delivery point of contact is the sponsor.

Contract Number: To be provided upon award Sponsor/COR: Kevin Riggs at 910-451-7190 ext 221 Delivery Address: 1012 O Street M/F MMP100 Camp Lejeune, NC 28547

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

-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.

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

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

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

-If you have questions regarding base access, Contractor CAC or DBIDS requirements contact the Contractor Vetting Office at 910-451-0283/0284/0285.

**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.

NOTICE TO OFFERORS

SUBMISSION OF QUOTES: Quotes may be submitted via email (no larger than 2MB) to john.reese@usmc.mil; (PREFERRED METHOD) or via hand delivery/courier to Contracting Department, Bldg.

316 G Street, Camp Lejeune, NC 28542. It is solely the Offeror’s responsibility to ensure quotes are submitted in accordance with FAR provision 52.212-1 including its addenda, and received within the required timeframe. All quotes, if timely received, will be considered for award. The information submitted shall be clear and legible.

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 52.204-13 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 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 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 DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 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

252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

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

DEC 2022

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

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 DEC 2022

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--

(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);

(ii) For covered services--

(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”.

(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.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

ADDENDA TO FAR 52.212-1

(b) SUBMISSION OF QUOTES.

Addenddum to paragraph (b):

Quotes shall be submitted electronically via e-mail to john.reese@usmc.mil.

Addendum to paragraph (b)(4):

The offeror shall submit with their offer:

Technical Capability:

The vendor shall provide a capability statement/performance plan that demonstrates their ability to provide the required service in the solicitation. The vendor should address their experience providing this type of service, equipment supplied, and any other relevant information.

Delivery Information:

Clearly state if the offeror can meet the required period of performance as stated in each line item.

Offerors who cannot meet the required period of performance will not be considered for award.

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.)

(End of Addenda to Provision)

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 quote 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:

BASIS OF AWARD: Quotes will be evaluated based on price alone.

This acquisition will be conducted in accordance with FAR Part 12, Acquisition of Commercial Products and Commercial Services, and FAR Part 13, Simplified Acquisition Procedures.

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

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

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

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

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

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

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

(1) Means a small business concern--

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a…

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