M6700125Q0012 RFQ.pdf
PDF 679 KB Posted
- Attached to
- MCAS New River Religious Services Musician
- Solicitation number
- M6700125Q0012
- Issued by
-
United States Marine Corps
About this file
This is a Request for Quote (RFQ) for musician services at Marine Corps Air Station (MCAS) New River, North Carolina. The solicitation (M6700125Q0012) seeks a contractor to provide pianist, keyboard, and guitar musician services to support the base chapel's religious worship opportunities and events. The contract includes a 12-month base period with two additional option periods (12 months and 9 months), totaling a potential 33-month performance period.
The musician will be responsible for supporting two weekly worship services (Catholic Mass at 8:30 AM and Protestant service at 11:00 AM), conducting choir rehearsals, performing for special services (up to 20 per year), and maintaining music libraries. Minimum qualifications include two years of church congregation music experience, ability to sight-read music, proficiency in piano, keyboard, and guitar, and familiarity with liturgical and contemporary worship formats. The solicitation is set aside for small businesses, with a solicitation issue date of 07-Mar-2025 and quote submission deadline of 20 Mar-2025 at 2:00 PM. The contract will be awarded to the most advantageous offeror based on price, technical capability, proposed musician's qualifications, and past performance.
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| 1. M6700125Q0012 SF30 Amendment 0001.pdf |
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SEE ADDENDUM
(No Collect Calls)
M6700125Q0012 07-Mar-2025
b. TELEPHONE NUMBER
910-451-3014
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 20 Mar 2025
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
NATHAN MITCHANER
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
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
MMLR045690509
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
ATTN: NATHAN MITCHANER
PSC BOX 8368 BLDG 316
CAMP LEJEUNE NC 28546
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 MMLR04 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
MMLR04
BRYANT PO1 ORRIN A III
MCAS NEW RIVER CHAPEL
BLDG AS236 CURTIS ROAD
JACKSONVILLE NC 28540
TEL: 910-449-6801 FAX:
FAX:
TEL: 910-451-3014
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$15,000,000
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 OF49
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.
M6700125Q0012
Section SF 1449 - CONTINUATION SHEET
NOTICE TO OFFERORS
SUBMISSION OF QUOTES: Quotes may be submitted via email (no larger than 2MB) to nathan.d.mitchaner.civ@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.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Months MCAS New River Musician Services
FFP
Contractor shall perform pianist, keyboard, and/or guitar musician services in support of the MCAS New River's public worship opportunities and other religious events in accordance with the Performance Work Statement.
FOB: Destination
PURCHASE REQUEST NUMBER: MMLR045690509
PSC CD: G002
NET AMT
1001 12 Months OPTION MCAS New River Musician Services
FFP
Contractor shall perform pianist, keyboard, and/or guitar musician services in support of the MCAS New River's public worship opportunities and other religious events in accordance with the Performance Work Statement.
FOB: Destination mailto:nathan.d.mitchaner.civ@usmc.mil
2001 9 Months OPTION MCAS New River Musician Services
FFP
Contractor shall perform pianist, keyboard, and/or guitar musician services in support of the MCAS New River's public worship opportunities and other religious events in accordance with the Performance Work Statement.
PERFORMANCE WORK STATEMENT
Performance Work Statement for
Marine Corps Air Station New River Chapel Director of Music
1.0 BACKROUND. In support of the US Navy Regulations, SECNAVINST 1730.7E, commanders shall provide a Command Religious Program (CRP) which accommodates the religious needs, preferences, and rights of authorized personnel. As a component of the base, the Command Chaplain’s Office has the mission to develop personnel and families of operating forces and the Marine Corps Air Station (MCAS) New River community for spiritual and personal readiness, through ministries, pastoral care, and the provision for facilitation of the free exercise of religion.
2.0 SCOPE. This is a non-personal service contract to perform musician services in support of the MCAS New
River Chapel worship CRP as determined by the Command Chaplain’s office and is required to support the mission and responsibilities of the CRP.
3.0 PERIOD OF PERFORMANCE. The period of performance will be for a base period of 12 months, one (1)
12-month option period, and one (1) 9-month option period.
4.0 PLACE OF PERFORMANCE. The place of performance is the MCAS New River Chapel (AS-236), and other sites as coordinated by the Contracting Officer’s Representative (COR) for special services.
5.0 TASKS. The contractor shall perform pianist, keyboard, and guitar musician services in support of the MCAS
New River Chapel’s public worship opportunities and other religious events as determined by the Command
Chaplain’s Office.
5.1 COORDINATION OF MUSICAL ARRANGEMENTS. Three (3) days prior to conducting any rehearsals or services, the contractor shall coordinate the musical selections with the COR.
5.2 MAINTAINING EQUIPMENT. The contractor shall immediately notify the COR of any instrument and/or equipment malfunctions, and/or any instruments or equipment requiring repair to maintain musical integrity.
Musical equipment includes microphones, speakers, amplifiers, and/or sound boards.
5.3 MUSICAL LIBRARY. The contractor shall maintain both the Protestant and Catholic Music Libraries and submit recommendations for additions/deletions to the COR by 1 May each year.
5.4 SUNDAY WORSHIP SERVICES. The contractor shall support two (2) public worship services every
Sunday. Catholic Mass will take place at 8:30 A.M., and the Protestant service will take place at 11:00 A.M. Each service lasts for approximately one (1) hour.
5.5 CHOIR REHEARSALS. The contractor shall perform two (2) hours per week of rehearsals with the choir.
Rehearsals will be conducted at the chapel listed in paragraph 4.0. The rehearsal time is every Wednesday at 6:00
P.M. for Catholic service, and every Sunday at 10:00 A.M. for the Protestant service. Physical access to the building
(e.g., locking/unlocking the building) and coordination with the choir (i.e., providing digital/analog sheet music to choir members prior to rehearsals, etc.) shall be coordinated through the COR.
5.6 CANTATA. If a Cantata is to be performed, the contractor shall conduct/direct weekly Cantata choir rehearsals for Easter and Christmas services at least once a week beginning the first week of January for Easter, and the first week of September for Christmas.
5.6 SPECIAL SERVICES. The contractor shall provide support for up to 20 special services which may be scheduled during the church calendar year or during civic holidays. Special services include, but are not limited to, Holy Days of Obligation, funerals, memorials, and special religious observances. At a minimum, the COR will notify the contractor 72 hours prior to any special service.
5.6 ARRIVAL TIME FOR PERFORMANCES. The contractor shall arrive to each service identified in this
Performance Work Statement (PWS) at least 30 minutes prior to the scheduled event.
5.7 NOTIFICATION OF ABSENCES AND SUBSTITIONS. The contractor shall notify the COR, with as much advance notice as possible, by telephone and/or email when they are unable to perform services due to illness, inclement weather, or an emergency. The contractor shall provide an acceptable replacement meeting all qualifications stated in paragraph 8.0 in the event of any required absence.
5.7.1 EXTENDED ABSENCE. If contractor personnel for whatever reason become unavailable for work under the contract for a continuous period exceeding 30 working days or are expected to devote substantially less effort to the work than indicated in the proposal, the Contractor shall propose a substitution of such personnel in accordance with paragraph 5.7.2 below.
5.7.2 SUBSTITUTION OF PERSONNEL. All proposed substitutions shall be, in writing, to the COR at least 15 days prior to the proposed substitution. Each request shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute and any other pertinent information. The COR will forward the request to the Contracting Officer for a decision on whether the proposed substitution is approved or disapproved. All proposed substitutes (no matter when they are proposed during the performance period) shall meet the qualifications listed in paragraph 8.0 of the PWS.
6.0 Deliverables
Deliverable PWS Section Frequency # of Copies Medium/Format Submit To
Recommendations for Musical
Library
5.3 1 May of each year
1 original copy Written; Email COR
7.0 CONTRACTOR'S 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 CONTRACTING OFFICER, such deviation shall be at the risk of the contractor and any cost related thereto shall be borne by the contractor.
8.0 MINIMUN QUALIFICATION REQUIREMENTS: These support services require an extensive knowledge of both Catholic and Protestant music, religious service organization, and music program development. Leadership ability to direct choirs and develop musical programs for other Chapel programs is also required. The necessary minimum qualifications are as follows:
8.1 Must have a minimum of two years of experience playing in a church congregation.
8.2 Must be able to sight read music and play piano, keyboard, and guitar.
8.3 Must be familiar with liturgical and contemporary public worship formats.
8.4 Must be able to play liturgical and contemporary Christian music.
9.0 GOVERNMENT PROVIDED EQUIPMENT. The Government will provide instruments and sheet music.
The government retains full custody of all equipment provided for use by the contractor.
10.0 GOVERNMENT POINTS OF CONTACT
10.1 CONTRACT ADMINISTRATOR:
Nathan Mitchaner
Contracting Specialist
MCIEAST – Regional Contracting Office
910-451-3014 nathan.d.mitchaner.civ@usmc.mil
10.2 CONTRACTING OFFICER’S REPRESENTATIVE:
To be provided at time of award
11.0 BASE ACCESS INSTRUCTIONS. To gain initial access to the base, Contractors and/or Delivery Drivers must have in their possession: their contract number, delivery address, and sponsor’s contact information.
For SERVICES the Contracting Officer’s Representative is the sponsor.
For delivery of SUPPLIES the customer/delivery point of contact is the sponsor.
Contract Number:
Sponsor/COR:
Delivery Address:
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 the contract, not to exceed three years; however, re-vetting of individual’s 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 pass.
Contractor Common Access Card (CAC) Eligibility: Contractor personnel authorized CACs are exempt from
DBIDS enrollment.
If you have questions regarding base access, Contractor CACs, or DBIDS requirements, contact the Contractor
Vetting Office (CVO). The CVO is in building 818 adjacent to the Camp Lejeune Maine Gate on Holcomb Blvd, just off NC Highway 24. The CVO is open Monday through Friday from 6:00 A.M. to 2:00 P.M. and closed on weekends and holidays.
Contractor Vetting Office Appointments: 910-451-5977
Contractor Vetting Office Questions: 910-451-0284/0289
Contractor Vetting Office Email: lejeunecontractorvetting@usmc.mil mailto:lejeunecontractorvetting@usmc.mil
DBIDS Pre-Enrollment Website: https://dbids-global-enroll.dmdc.mil/preenrollui/#!/
Contractors shall report to the CVO to confirm their access requirements, undergo a background check and receive their credential/pass. PLEASE NOTE: Individuals with active warrants may be subject to arrest on the spot.
The Government will not be responsible for any contract access delays. Delays that may result from the inadequate planning are strictly the responsibility of the contractor.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
1001 Destination Government Destination Government
2001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 02-APR-2025 TO
01-APR-2027
N/A MMLR04
BRYANT PO1 ORRIN A III
MCAS NEW RIVER CHAPEL
BLDG AS236 CURTIS ROAD
JACKSONVILLE NC 28540
910-449-6801
MMLR04
1001 POP 02-APR-2026 TO
01-APR-2027
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 02-APR-2027 TO
31-DEC-2027
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
https://dbids-global-enroll.dmdc.mil/preenrollui/#!/
52.204-7 System for Award Management NOV 2024
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
SEP 2023
ADDENDA TO FAR 52.212-1
ADDENDA TO FAR 52.212-1
Addendum to paragraph (b)(4):
The offeror shall submit with their offer:
Technical Capability:
The vendor shall provide a resume for the proposed individual performing the tasks that details their ability to meet the qualifications identified in the Performance Work Statement. In addition to a resume, 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 period of performance as stated in each line item. Offerors who cannot meet the period of performance will not be considered for award.
Addendum to paragraph (b)(6):
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)(10):
Past Performance: Offerors should submit at least three (3) relevant past performance references. Relevant past performance is defined as performance of work within the last three (3) years of similar size, scope, and technical complexity to this requirement. If an offeror has no relevant past performance history, the offeror must affirmatively state that it possesses no relevant past performance history. Include the following information for each reference listed:
(a) Agency or company name.
(b) Contract number (if applicable).
(c) Point of Contact name, phone number and fax number.
(d) Brief description of contract and relevance to this requirement.
(e) Total contract value.
(f) Period of performance.
(End of Addenda to Provision)
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services
NOV 2023
52.212-5 Contract Terms and Conditions Required to Implement
Statutes or Executive Orders--Commercial Products and
Commercial Services
JAN 2025
52.219-1 Alt I Small Business Program Representations (FEB 2024)
Alternate I
FEB 2024
52.232-18 Availability Of Funds APR 1984
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
252.201-7000 Contracting Officer's Representative DEC 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 JAN 2023
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services
JAN 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023
252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7997 (Dev) Prohibition on Procurement of Certain Items Containing
Perfluorooctane Sulfonate or Perfluorooctanoic Acid -
Representation (DEVIATION 2022-O0010)
SEP 2022
252.223-7998 (Dev) Prohibition on Procurement of Certain Items Containing
Perfluorooctane Sulfonate or Perfluorooctanoic Acid
(DEVIATION 2022-O0010)
SEP 2022
252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro
Regime
JAN 2023
252.225-7059 Prohibition on Certain Procurements from the Xinjiang
Uyghur Autonomous Region - Representation
JUN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang
Uyghur Autonomous Region
JUN 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a
Computer Network Unless Such Network is Designed to
Block Access to Certain Websites - Representation.
(Deviation 2021-O0003)
APR 2021
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
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.
https://www.sam.gov/
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:
BASIS OF AWARD: Award will be made on the basis of price and other factors. Quotes will be evaluated based on
(1) price; (2) technical capability of the vendor’s ability to meet the requirement; (3) resume of the proposed musician meeting the qualification requirements; and (4) past performance.
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.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)
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 (SDVOSB) concern" means a small business concern--
(1)(i) Not less than 51 percent of which is owned and controlled 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; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart
19.14).
(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary
Identification and Records Locator Subsystem, or successor system that is maintained by the Department of
Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small
Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to
SBA on or before December 31, 2023.
"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the
SDVOSB Program.
"Small business concern"--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR
124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned and controlled 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) SDVOSB 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 that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:
(5) 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 124.1001.
http://www.sam.gov/
(6) 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.
(7) 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: ___ .]
(8) 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: ___ .]
Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.
(9) 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.
(10) 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: _________
(11) 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.
(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri
Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) [Reserved]
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB
Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy
American --Supplies, is included in this solicitation.)
(1) (i) The Offeror certifies that each end product, except those…
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