M6700125Q1027 RFQ.docx

M6700125Q1027

Section SF 1449 - CONTINUATION SHEET

PURPOSE: The purpose of this action is to establish a contract for water quality testing on an as needed basis as required by the Water/WasteWater Treatment Plants aboard Marine Corps Air Station Cherry Point, North Carolina. All services shall be provided in accordance with the Performance Work Statement.

TERM OF CONTRACT: The contractor shall provide the services specified herein for a base period of 12 months upon contract award, with provisions for one (1) 12 month option period. The option periods may be exercised at the discretion of the Government in accordance with FAR 52.217-9 “Option to Extend the Term of the Contract” (MAR 2000).

DELIVERY PERIOD AND VALUE: The delivery periods and dollar values for each are as follows:

BASE PERIOD

CLIN 0001-0038 $ ___________

12 Months ADC

FIRST OPTION

CLIN 1001-1038 $ ___________

12 Months ADC

TOTAL VALUE $ ___________

PRDS - WTP LAB TESTING CHEMICAL OXYGEN D

FFP

PRDS - WTP LAB TESTING CHEMICAL OXYGEN DEMAND

FOB: Destination

MILSTRIP: M301465695651

PURCHASE REQUEST NUMBER: M301465695651

PSC CD: B533

NET AMT

PRDS - WTP LAB TESTING CHRONIC TOXICITY

PRDS - WTP LAB TESTING CHRONIC TOXICITY - METHOD 1002.0

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING METALS: SB (ANTIM

PRDS - WTP LAB TESTING METALS: SB (ANTIMONY), AS, BE, SE, AG, TI

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING LOW LEVEL MERCURY

PRDS - WTP LAB TESTING LOW LEVEL MERCURY METHOD 1631 E

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING OIL & GREASE

PRDS - WTP LAB TESTING OIL & GREASE

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING ORGANICS EPA-624

PRDS - WTP LAB TESTING ORGANICS EPA-624

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING ORGANICS EPA-625

PRDS - WTP LAB TESTING ORGANICS EPA-625

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING ORGANICS EPA-608

PRDS - WTP LAB TESTING ORGANICS EPA-608

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING ORGANICS SM 6200B

PRDS - WTP LAB TESTING ORGANICS SM 6200B

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING METHOD 8280 FOR 2

PRDS - WTP LAB TESTING METHOD 8280 FOR 2, 3, 7, 8-TCDD

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING TOTAL PHENOLIC CO

PRDS - WTP LAB TESTING TOTAL PHENOLIC COMPOUNDS

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING HARDNESS

PRDS - WTP LAB TESTING HARDNESS

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING STANDARD SOIL FER

PRDS - WTP LAB TESTING STANDARD SOIL FERTILITY ANALYSIS

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING SLUDGE RESIDUALS

PRDS - WTP LAB TESTING SLUDGE RESIDUALS

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING SLUDGE TCLP WITH

PRDS - WTP LAB TESTING SLUDGE TCLP WITH RCI

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING PER-AND POLYFLUOR

PRDS - WTP LAB TESTING PER-AND POLYFLUOROALKYL SUBSTANCES (PFAS) EPA METHOD 533

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING DRINKING WATER NI

PRDS - WTP LAB TESTING DRINKING WATER NITRATE

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING DRINKING WATER VO

PRDS - WTP LAB TESTING DRINKING WATER VOLATILE ORGANIC COMPOUNDS

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING DRINKING WATER SY

PRDS - WTP LAB TESTING DRINKING WATER SYNTHETIC ORGANIC COMPOUNDS

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING HALOACETICS ACIDS

PRDS - WTP LAB TESTING HALOACETICS ACIDS

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING TRIHALOMETHANES

PRDS - WTP LAB TESTING TRIHALOMETHANES

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING ASBESTOS (4 QUART

PRDS - WTP LAB TESTING ASBESTOS (4 QUARTERS)

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING LAB DI WATER META

PRDS - WTP LAB TESTING LAB DI WATER METALS: CD, CR, CU, PB, NI, ZN

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING RAD (4000, 4006,

PRDS - WTP LAB TESTING RAD (4000, 4006, 4010)

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING WATER QUALITY PAR

PRDS - WTP LAB TESTING WATER QUALITY PARAMETERS

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING INORGANIC CHEMICA

PRDS - WTP LAB TESTING INORGANIC CHEMICAL ANALYSIS

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING CHLOROPHYLL A

PRDS - WTP LAB TESTING CHLOROPHYLL A

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING CYANIDE

PRDS - WTP LAB TESTING CYANIDE

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING TOC

PRDS - WTP LAB TESTING TOC

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING IRON

PRDS - WTP LAB TESTING IRON

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING ARSENIC

PRDS - WTP LAB TESTING ARSENIC

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING CADMIUM

PRDS - WTP LAB TESTING CADMIUM

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING CHROMIUM

PRDS - WTP LAB TESTING CHROMIUM

FOB: Destination

MILSTRIP: M301465695651

NET AMT

PRDS - WTP LAB TESTING COPPER

PRDS - WTP LAB TESTING COPPER

FOB: Destination

MILSTRIP: M301465695651

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PRDS - WTP LAB TESTING LEAD

PRDS - WTP LAB TESTING LEAD

FOB: Destination

MILSTRIP: M301465695651

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PRDS - WTP LAB TESTING NICKEL

PRDS - WTP LAB TESTING NICKEL

FOB: Destination

MILSTRIP: M301465695651

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PRDS - WTP LAB TESTING MERCURY

PRDS - WTP LAB TESTING MERCURY

FOB: Destination

MILSTRIP: M301465695651

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PRDS - WTP LAB TESTING ZINC

PRDS - WTP LAB TESTING ZINC

FOB: Destination

MILSTRIP: M301465695651

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FFP

PRDS - WTP LAB TESTING CHEMICAL OXYGEN DEMAND

FOB: Destination

NET AMT

FFP

PRDS - WTP LAB TESTING CHRONIC TOXICITY - METHOD 1002.0

NET AMT

FFP

PRDS - WTP LAB TESTING METALS: SB (ANTIMONY), AS, BE, SE, AG, TI

NET AMT

FFP

PRDS - WTP LAB TESTING LOW LEVEL MERCURY METHOD 1631 E

NET AMT

FFP

PRDS - WTP LAB TESTING OIL & GREASE

NET AMT

FFP

PRDS - WTP LAB TESTING ORGANICS EPA-624

NET AMT

FFP

PRDS - WTP LAB TESTING ORGANICS EPA-625

NET AMT

FFP

PRDS - WTP LAB TESTING ORGANICS EPA-608

NET AMT

FFP

PRDS - WTP LAB TESTING ORGANICS SM 6200B

NET AMT

FFP

PRDS - WTP LAB TESTING METHOD 8280 FOR 2, 3, 7, 8-TCDD

NET AMT

FFP

PRDS - WTP LAB TESTING TOTAL PHENOLIC COMPOUNDS

NET AMT

FFP

PRDS - WTP LAB TESTING HARDNESS

NET AMT

FFP

PRDS - WTP LAB TESTING STANDARD SOIL FERTILITY ANALYSIS

NET AMT

FFP

PRDS - WTP LAB TESTING SLUDGE RESIDUALS

NET AMT

FFP

PRDS - WTP LAB TESTING SLUDGE TCLP WITH RCI

NET AMT

FFP

PRDS - WTP LAB TESTING PER-AND POLYFLUOROALKYL SUBSTANCES (PFAS) EPA METHOD 533

NET AMT

FFP

PRDS - WTP LAB TESTING DRINKING WATER NITRATE

NET AMT

FFP

PRDS - WTP LAB TESTING DRINKING WATER VOLATILE ORGANIC COMPOUNDS

NET AMT

FFP

PRDS - WTP LAB TESTING DRINKING WATER SYNTHETIC ORGANIC COMPOUNDS

NET AMT

FFP

PRDS - WTP LAB TESTING HALOACETICS ACIDS

NET AMT

FFP

PRDS - WTP LAB TESTING TRIHALOMETHANES

NET AMT

FFP

PRDS - WTP LAB TESTING ASBESTOS (4 QUARTERS)

NET AMT

FFP

PRDS - WTP LAB TESTING LAB DI WATER METALS: CD, CR, CU, PB, NI, ZN

NET AMT

FFP

PRDS - WTP LAB TESTING RAD (4000, 4006, 4010)

NET AMT

FFP

PRDS - WTP LAB TESTING WATER QUALITY PARAMETERS

NET AMT

FFP

PRDS - WTP LAB TESTING INORGANIC CHEMICAL ANALYSIS

NET AMT

FFP

PRDS - WTP LAB TESTING CHLOROPHYLL A

NET AMT

FFP

PRDS - WTP LAB TESTING CYANIDE

NET AMT

FFP

PRDS - WTP LAB TESTING TOC

NET AMT

FFP

PRDS - WTP LAB TESTING IRON

NET AMT

FFP

PRDS - WTP LAB TESTING ARSENIC

NET AMT

FFP

PRDS - WTP LAB TESTING CADMIUM

NET AMT

FFP

PRDS - WTP LAB TESTING CHROMIUM

NET AMT

FFP

PRDS - WTP LAB TESTING COPPER

NET AMT

FFP

PRDS - WTP LAB TESTING LEAD

NET AMT

FFP

PRDS - WTP LAB TESTING NICKEL

NET AMT

FFP

PRDS - WTP LAB TESTING MERCURY

NET AMT

FFP

PRDS - WTP LAB TESTING ZINC

NET AMT

PERFORMANCE WORK STATEMENT

1.0 Scope. This requirement is being issued for services required for the WasteWater/Water Treatment Plants aboard MCAS Cherry Point, North Carolina in order to maintain compliance with National Pollutant Discharge Elimination System (NPDES) permits, North Carolina Department of Environment and Natural Resources (NCDENR) water regulations and North Carolina Department of Water Quality (NCDWQ) for Marine Corps Air Station Cherry Point.

2.0 Tasks. In fulfilling the requirement the contractor will perform laboratory analysis and provide reports. All labor, materials, and services (including but not limited to) picking up, laboratory analysis, reports and delivery shall be provided by the contractor.

3.0 General Requirements.

a. The performance will commence immediately after the receipt of the award.

b. The testing services pertaining to this contract will be performed at the contractor’s laboratory.

c. The Contractor shall be responsible for Chain of Custody from the pickup of sample to the return of tested sample with the results, as well as testing the samples in accordance with the sample holding times.

1. The contractor must be certified by the State of North Carolina to perform the analysis requested by this contract. North Carolina laboratory certification numbers are to be present on all reports.

1. All samples will be collected by Cherry Point Lab personnel. The contractor is responsible for coordinating picking up of samples at Building 4376 with the authorized government point of contact(s).

4. Ordering Process for Lab Samples

1. THE ORDERING PROCEDURES. Task orders will be placed in writing by appropriately warranted contracting officers.

1. INDIVIDUALS AUTHORIZED TO ORDER UNDER THIS CONTRACT.

Only warranted contracting officers are authorized to issue task orders under this requirements contract.

1. EXTENT OF OBLIGATION. The government is obligated under this contract only to the extent of authorized calls actually placed against this agreement.

5.0 Authorized Technical Government Points of Contact:

PERFORMANCE REQUIREMENT SUMMAR

-Timeliness

- Quality -Accuracy

UNAUTHORIZED WORK PERFORMANCE

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

ADDENDUM TO FAR 52.212-1

1) Submission of Quote

1. The vendor is responsible for ensuring that quotes are received in the Contracting Office no later than 4:00 P.M.(EDT) on 7 March 2025 as indicated on page one (1) of this solicitation. Failure of vendor’s quote to be received prior to the hour and date specified may result in rejection of the quote.

1. Quotes shall be submitted electronically via email to aaron.m.avery.civ@usmc.mil.

1. RFQ Number M6700125Q1027 must be clearly shown in the subject line.

2) Instruction for the Preparation of Quotes: The vendor shall submit the following as part of their quote:

1. Information that demonstrates the vendor’s ability to provide the service in accordance with the requirements of the Performance Work Statement within the required Period of Performance (POP).

1. Quote firm-fixed price for each line item shown – for completion of all supplies/services in accordance with the requirements of the listed specifications.

1. Vendor must include unit price and total amount for each line item. Vendor shall quote FOB Destination pricing.

1. Completed SF1449 to include

3. Signed/completed page 1 (Blocks 17 and 30)

3. 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.)

e) Past Performance

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

0. Agency or company name

0. Contract Number (if applicable)

0. Point of Contact name and phone number

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

0. Total contract value

0. Period of Performance

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

ADDENDUM TO 52.212-4(C)

Unilateral administrative changes are authorized under this section, so long as the written contract change does not affect the substantive rights of the parties (i.e., a change in the paying office, line of accounting, cost code, or the appropriation data, changing points of the contact or telephone numbers, and correct typographical errors) and is consistent with customary commercial practice.

CONTRACT ADMINISTRATION

1.0 Contract Administration for the Government

1. The following representative of the Contracting Office shall be contacted for contract administration purposes:

Name: Aaron Avery Phone: (252) 466-4038 DSN: 582-4038 Email: aaron.m.avery.civ@usmc.mil

2.0 Communications

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

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

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

1. The contact information for the Contracting Officer is:

Name: Larry Davis Address: Cherry Point Satellite Contracting Office PSC Box 8018 Bldg. 159, MCAS Cherry Point, NC 28533-0018 Phone: (252) 466-7765 DSN: 582-7765

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

FRED WEST

WATER TREATMENT PLANT

BLDG 4977 ROOSEVELT BLVD

CHERRY POINT NC 28533

252-466-2520

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SALES TAX EXEMPTION

The Contractor is hereby advised that the United States Government and Agencies thereof are exempt from State and Local Government tax by virtue of Article 6 of the United States Constitution. No exemption certificate is required.

BASE ACCESS

1.0 CONTRACTOR ACCESS TO MARINE CORPS INSTALLATION

1.1 Performance of this requirement requires access to Marine Corp Air Station (MCAS) Cherry Point. Contractor personnel shall follow all procedures for access to the Air Station in accordance with Air Station Order (ASO) 5560.6A, available at: http://www.cherrypoint.marines.mil/Portals/86/Docs/Cherrypointorders/5560.6A.pdf?ver=2016-03-29-110019-410

1.2 Marine Corps Installations transition to new access control system

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

Current RAPIDGate or MCESS credentials can easily be switched out for a DBIDS credential and new contractors can apply for a DBIDS credential using the same vetting requirements as previously required. RAPIDGate/MCESS credentials will be honored until December 31, 2018. After this date, all contractors will be required to have a DBIDS credential in order to access MCAS Cherry Point. In order to reduce wait time when exchanging your RAPIDGate/MCESS credential, it is highly recommended each applicant pre-register at https://dbids-global.dmdc.mil/enroll#!/.

Here’s what you need to know:

CURRENT DOD ID CARD HOLDERS

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

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

CURRENT CONTRACTORS

DBIDS credentials will be issued beginning September 24, 2018

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

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

· Current RAPIDGate/MCESS credential

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

· Company Contract/Letter of Authorization

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

· All contractors (MCAS Cherry Point) will be able to exchange their current RAPIDGate/MCESS credential at the MCAS Cherry Point Contractor Vetting Office, Building 251 (Pass and ID).

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

NEW CONTRACTORS

· DBIDS credentials will be issued beginning September 24, 2018

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

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

REMINDER: Beginning October 1, 2018, all personnel in possession of a RAPIDGate/MCESS credential will also be required to provide a second valid U.S. government form of identification. Beginning September 24, 2018, DBIDS credentials will be issued or exchanged in place of a RAPIDGate/MCESS credential. The last day RAPIDGate/MCESS credentials will be authorized for entry onto the installation is December 31, 2018.

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

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

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

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

2.0 IDENTIFICATION OF CONTRACTOR PERSONNEL

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

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

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

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

(c) Representations.

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

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

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The award will be made using simplified acquisition procedure and the best value process. For this reason, the final award decision may be made to other than lowest priced or highest technically rated quote. To determine the best value, a comparative assessment of the offeror’s price, technical ability, and past performance, will be conducted.

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 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…