N0016723Q0086 Monitors Final.pdf

PDF 1 MB Posted Apr 13, 2023

Attached to: Procurement of various sizes of Computer Monitors and Presentation Displays
Solicitation number: N0016723Q0086
Issued by: Department of the Navy Naval Sea Systems Command

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This is a combined synopsis/solicitation for commercial items prepared in accordance with

Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation that Naval Surface

Warfare Center Carderock Division (NSWCCD) intends to issue, and is a Request for Quotes

(RFQ) for the following Supplies and/or Services.

The subject procurement is for a brand name or equal requirement for (15) different size monitors and configurations ranging from 22” to 86” to replace and upgrade computer monitors throughout the facility. See minimum specification for detailed description.

The provisions and clauses included and/or incorporated in this solicitation document are those in effect through the Federal Acquisition Circular. This RFQ incorporates all provisions and clauses in effect through Federal Acquisition Circular FAC 2023-02 effective 03/16/2023 located on https://www.acquisition.gov/?q=browsefar and the Defense Federal Acquisition Regulation

Supplement (DFARS) DPN 20230322 effective 03/22/2023 located at https://www.acq.osd.mil/dpap/dars/change_notices.html. SEE ATTACHED SOLICITATION

FOR CLAUSES AND PROVISIONS. The NAICS code is 334118 and the associated PSC code is 7B21, and the Small Business Standard is 1,000 for this procurement: NOTE: A Class Waiver is not applicable to a procurement unless the NAICS code, PSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured. This procurement IS being set-aside for small business.

Interested parties may identify their interest to this requirement by submitting a quote and/or capabilities statement no later than 10:00 AM on 12 May, 2023. It is anticipated one firm-fixed price purchase order will be issued in response to this RFQ.

All responses shall include price(s), Cage Code, FOB Origin, a point of contact, name and phone number, GSA contract number (if applicable), business size, and payment terms.

Each response must clearly indicate the capability of the quoter to meet all specifications and requirements. There will be no additional CLINs added for shipping. If there is a shipping charge, please include in the price.

Responses to this notice are due on or before 10:00 AM on 12 May, 2023, Eastern Daylight

Time (EDT) to christopher.c.rolince.civ@us.navy.mil.

Point of Contact for this notice is Chris Rolince, 757-513-8285, christopher.c.rolince.civ@us.navy.mil.

https://www.acquisition.gov/?q=browsefar https://www.acq.osd.mil/dpap/dars/change_notices.html mailto:christopher.c.rolince.civ@us.navy.mil

N0016723Q0086

Section SF 1449 - CONTINUATION SHEET

BPA TERMS AND CONDITIONS

“The Naval Surface Warfare Center, Carderock Division, (NSWCCD) invites vendors to enter into a Blanket

Purchase Agreement (BPA) that establishes the terms and conditions applicable to monitors. As a result of this solicitation approximately 3 to 5 vendors are needed to provide the supplies; however, the

Government reserves the right to award to a single vendor.”

1. The service provider awarded the Blanket Purchase Agreement (BPA) shall provide Monitors in various configurations, sizes and descriptions as described in the Minimum Specifications provided in the solicitation and stated on CLIN 0001.

2. Extent of obligation. The Government is obligated only when purchases are requested by an authorized contracting officer for the duration of the BPA.

3. Pricing. The prices to the Government shall be as low as or lower than those charged to the contractor’s most favored customer. Pricing (quote) will be requested for the unpriced CLIN (0001) at the time it is required by the government IAW Minimum Specifications. BPA Call quotes/estimates should be received within 10 calendar days from the date requested.

4. Purchase limitation. The total of all BPA Calls may not exceed the total ceiling price. BPA Master Dollar

Ceiling: $7,054.497.46.

5. Individuals authorized to purchase under the BPA. The Contracting Officers of Naval Surface Warfare Center-

Carderock Division (NSWCCD) Code 02 Contracting Department are the only authorized individuals to order against this BPA.

6. Place of Performance. The anticipated place of performance is a mix of the contractor’s local facility and travel sites as required.

7. Period of Performance. The period of performance is five (5) years from the date of this agreement, or until the total of all Calls (Ceiling) is reached, whichever occurs first. The Government is obligated only to the extent of authorized purchases/calls actually made under the BPA. Period of Performance: May-2023 to May-2028

8. Price Reasonableness; Price reasonableness shall be determined at the BPA Call level. For evaluation purposes, we are evaluating/accepting the 5 lowest “price per unit. We are also reserving the right to award to a single vendor.

CONFIGURATION MONITOR SIZE

MONITOR

SHAPE

MODEL

NUMBER OR

EQUIVALENT

TOTAL

QUANTITY

PRICE PER

UNIT

Flat 22 22 Flat Model# P2222H 1

Flat 24 24 Flat Model# P2422H 1

Flat 27 27 Flat Model# P2722H 1

Performance Flat

27 Flat Model# U2722D 1

Performance Curved 27

27 Curved Model#

S2721HGF

Flat 32 32 Flat Model#

P3223QE

Performance Flat

32 Flat Model#

U3223QE

Curved Performance 32

32 Curved Model#

S3221QS

Curved Performance 34

34 Curved Model# P3421W

Flat Performance

43 Flat Model# U4320Q

Curved Performance 49

49 Curved Model#

U4919DW

Flat 55 55 Flat Model#

CDE5520

Flat 65 65 Flat Model#

CDE6520-W

Flat 75 75 Flat Model#

CDE7520-W

Flat 86 86 Flat Model#

CDE8620-W

9. Invoices. All invoices shall be submitted electronically through DoD Wide Area Workflow Receipt and

Acceptance (WAWF) system following instructions provided in clause 252.232-7006 Invoice Instructions

(NSWCCD), and all payments will be made through electronic funds transfer (EFT).

10. Technical Point of Contact. NSWCCD assigned technical point of contact will review invoices for payment per each call against this BPA (See G-242-H001).

11. Accounting. NSWCCD Accounting and Appropriation data will be included in each call placed under this BPA

12. Product Classification Code. The PSC allowed for ordering against this BPA is 7B21, NAICS: 334118.

13. Miscellaneous. Each BPA Call shall utilize a Minimum Specifications, and will include applicable attachments

(CDRLs)

MONITOR SPECIFICATIONS

This is for a brand name or equivalent contract.

CONFI

SHA

MODEL

NUMBE

R OR

EQUIVA

LENT

RESOLU

TION

ASPE

RATI

DISP

LAY

TYPE

CONNECTI

VITY

KVM

INCLU

DED

FEATU

RES

TAA

COMPLI

ANCE

WARRA

NTY

Flat 22 22 Flat Model#

P2222H

Full HD

(1080p) 1920 x

1080 at 60

16:9 LED-

backlit

LCD

monito r /

TFT

active matrix

DisplayPort, VGA, HDMI, USB 3.2 Gen

1 upstream, 4 x USB 3.2 Gen 1 downstream

No LED edgeligh t system, 99% sRGB color gamut, Flicker

Free technolo gy, Mercury free, arsenic-free glass

Yes 3 year warranty with exchange service and hardware replacem ent.

Response time:

next business day

Flat 24 24 Flat Model# P2422H

Full HD (1080p)

1920 x 1080 at 60

16:9 LED-

backlit

LCD

monito r /

TFT

active matrix

DisplayPort, VGA, HDMI, USB 3.2 Gen 1 upstream, 4 x USB 3.2

Gen 1 downstream

No LED edgeligh t system, 99% sRGB color gamut, Flicker Free technolo gy, Mercury free, Yes 3 year warranty with exchange service and hardware replacem ent.

Response time:

next business day arsenic-free glass

Flat 27 27 Flat Model#

P2722H

Full HD

(1080p)

1920 x 1080 at 60

16:9 LED-

backlit

LCD

monito r /

TFT

active matrix

DisplayPort, VGA, HDMI, USB 3.2 Gen 1 upstream, 4 x USB 3.2

Gen 1 downstream

No LED edgeligh t system, 99% sRGB color gamut, Flicker Free technolo gy, Mercury free, arsenic-free glass

Yes 3 year warranty with exchange service and hardware replacem ent.

Response time:

next business day

Perform ance

Flat 27

27 Flat Model# U2722D

QHD

2560 x

1440 at 60

16:9 LED-

backlit

LCD

monito r /

TFT

active matrix

HDMI,

DisplayPort

1.4 (HDCP

1.4), DisplayPort output, USB-

C 3.2 Gen 2 upstream, USB-C 3.2

Gen 2 downstream

(power up to

15W), 2 x USB 3.2 Gen downstream, USB 3.2 Gen

2 downstream with Battery Charging 1.2, Audio line-out (mini-jack)

No - Includes

BPPIP

100% sRGB color gamut, Mercury free, arsenic-free glass, 100% Rec 709 color gamut, 95%

DCI-P3

Yes 3 year warranty with exchange service and hardware replacem ent.

Response time:

next business day

Perform ance Curved

27 Curv ed

Model#

S2721HG

Full HD

(1080p) 1920 x

1080 at

144 Hz

16:9 LED-

backlit

LCD

monito r /

TFT

active matrix

2 x HDMI

(HDCP 1.4),

DisplayPort

1.2, Audio line-out

No LED edgeligh t system, 72%

NTSC

color gamut

No 3 year warranty with exchange service and hardware replacem ent.

Response time:

next business day

Flat 32 32 Flat Model#

P3223QE

4K 3840 x

2160 at 60

16:9 LED-

backlit

LCD

monito r /

TFT

active matrix

HDMI

(HDCP 2.2),

DisplayPort

1.4 (HDCP

2.2), USB-C

3.2 Gen 1

upstream

(power up to

90W), 4 x

Yes Mercury free, arsenic-free glass, 3-sided bezeless

Yes 3 year warranty with exchange service and hardware replacem ent.

USB 3.2 Gen downstream, LAN (RJ-45)

Response time:

next business day

Perform ance

Flat 32

32 Flat Model#

U3223QE

4K 3840 x

2160 at 60

16:9 LED-

backlit

LCD

monito r /

TFT

active matrix

HDMI

(HDCP 2.2),

DisplayPort 1.4, DisplayPort output, USB- C upstream/Dis playPort 1.4 Alt Mode with Power

Delivery

(power up to

90W, HDCP

2.2), USB-C

3.2 Gen 2

upstream, USB-C 3.2

Gen 2 downstream (power up to

15W), 4 x

USB 3.2 Gen downstream, 2 Gen 2 downstream with battery

Charging 1.2, line-out

(mini-jack), J-45

Yes Mercury free, arsenic-free glass, Delta E<2 calibrati on

No 3 year warranty with exchange service and hardware replacem ent.

Response time:

next business day

Curved Perform ance 32

32 Curv ed

Model#

S3221QS

4K 3840 x 2160 at 60

16:9 LED-

backlit

LCD

monito r /

TFT

active matrix

2 x HDMI

(HDCP 2.2),

DisplayPort

(DisplayPort

1.2 mode), Audio line-out, USB 3.0 upstream, USB 3.0 downstream, USB 3.0 downstream with Battery Charging 1.2

No - Includes

BPPIP

Picture by picture, 3-sided bezeless

No 3 year warranty with exchange service and hardware replacem ent.

Response time:

next business day

Curved

Perform ance 34

34 Curv ed

Model#

P3421W

WQHD

3440 x 1440 at 60

21:9 LED-

backlit

LCD

monito r /

TFT

active matrix

HDMI,

DisplayPort (DisplayPort

1.2 mode), USB-C upstream/Dis playPort with

Power Delivery

(DisplayPort

1.2 mode / power up to

65W), 2 x

USB 3.2 Gen downstream, Yes Yes 3 year warranty with exchange service and hardware replacem ent.

Response time:

next business day

2 x USB 2.0 downstream

Flat Perform ance 43

43 Flat Model# U4320Q

4K 3840 x 2160 at 60

16:9 LED-

backlit

LCD

monito r /

TFT

active matrix

HDMI,

Display Port

No - Includes

PBP

Picture by picture, 96% sRGB color gamut

No 3 year warranty with exchange service and hardware replacem ent.

Response time:

next business day

Curved

Perfora mnce

49 Curv ed

Model#

U4919D W

1440p

(Quad

HD) 5120

x 1440 at

60 Hz

32:9 LED-

backlit

LCD

monito r /

TFT

active matrix

2 x HDMI

(HDCP),

DisplayPort

(DisplayPort

1.2 mode), 2 x USB 3.0 upstream, 5 x

USB 3.0

downstream, USB-C

Yes Picture by picture, HDCP, 10-bit gamma, LED edgeligh t system, 99% sRGB color gamut, Delta

E<2 calibrati on

No 3 year warranty with exchange service and hardware replacem ent.

Response time:

next business day

Flat 55 55 Flat Model#

CDE5520

3840 x

16:9 TFT

LCD

Modul

e. IPS type, DLED backli ght

HDMI: x2, DVI: x1, Audio: x1

(3.5mm), RS-

232: x1, IR Pass Thru:

x1, Audio: x1

(RCA),

SPDIF: x1

(Fiber), IR

Pass Thru:

x1, RJ45: x1, Type A: 2.0

Type A : x2

(USB

Playback), 10Wx2

No Yes 3-year warranty on parts, labor and backlight , onsite warranty

Flat 65 65 Flat Model#

CDE6520-

3840 x

16:9 TFT

LCD

Modul

e. IPS type, DLED backli ght

HDMI 2.0 In

(With CEC, HDCP 2.2) x2, VGA x1, DisplayPort x1, RCA Audio Out x1, SPDIF

Audio Out x1, USB 3.0 x1, USB 2.0 x2, Slot-in PC Slot x1, No Yes 3-year warranty on parts, labor and backlight

, onsite warranty

RS232 x1, Ethernet

LAN (RJ45)

x1, WIFI

Module Slot x1, Intel®

OPS Slot In

(80-pin) x1

Flat 75 75 Flat Model#

CDE7520-

3840 x

16:9 TFT

LCD

Modul

e. IPS type, DLED backli ght

HDMI 2.0 In (With CEC, HDCP 2.2) x2, VGA x1, DisplayPort x1, RCA

Audio Out x1, SPDIF

Audio Out x1, USB 3.0 x1, USB 2.0 x2, Slot-in

PC Slot x1, RS232 x1, Ethernet

LAN (RJ45)

x1, WIFI

Module Slot x1, Intel® OPS Slot In

(80-pin) x1

No Yes 3-year warranty on parts, labor and backlight

, onsite warranty

Flat 86 86 Flat Model#

CDE8620-

3840 x

16:9 TFT

LCD

Modul

e. IPS type, DLED backli ght

HDMI 2.0 In (With CEC, HDCP 2.2) x2, VGA x1, DisplayPort x1, RCA

Audio Out x1, SPDIF

Audio Out x1, USB 3.0 x1, USB 2.0 x2, Slot-in

PC Slot x1, RS232 x1, Ethernet

LAN (RJ45)

x1, WIFI

Module Slot x1, Intel® OPS Slot In

(80-pin) x1

No Yes 3-year warranty on parts, labor and backlight

, onsite warranty

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Various Sizes of Monitors

FFP

See minimum specification for detailed description of the requirement.

FOB: Destination

PSC CD: 7B21

NET AMT

SUPPLIES AND SERVICES

The Naval Surface Warfare Center, Carderock Division, (NSWCCD) invites vendors to enter into a Multiple

Award Blanket Purchase Agreement (BPA) that establishes the terms and conditions applicable to precise grinding services. As a result of this solicitation, NSWCCD intends to award approximately 3 to 5 BPAs;

however, the Government reserves the right to award to a single vendor, or no vendor if it receives no acceptable, reasonably priced quotes from a responsible vendor.

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 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

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

52.204-17 Ownership or Control of Offeror 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

52.204-20 Predecessor of Offeror AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.207-6 Solicitation of Offers from Small Business Concerns and

Small Business Teaming Arrangements or Joint Ventures

(Multiple-Award Contracts)

DEC 2022

52.209-5 Certification Regarding Responsibility Matters AUG 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

52.212-3 Offeror Representations and Certifications--Commercial

Products and Commercial Services

DEC 2022

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

MAR 2023

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

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

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

252.211-7003 Item Unique Identification and Valuation JAN 2023

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7000 Buy American--Balance Of Payments Program Certificate--

Basic (Nov 2014)

NOV 2014

252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.239-7018 Supply Chain Risk DEC 2022

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2022

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.246-7006 Warranty Tracking of Serialized Items MAR 2016

252.246-7007 Contractor Counterfeit Electronic Part Detection and

Avoidance System

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 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.

(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.

(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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology

Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such

Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the

Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause) https://dibnet.dod.mil/ https://dibnet.dod.mil/

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.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUNE 2022)

(a) The Government intends to evaluate offers and award a Multiple Award FFP BPA.

The following factors shall be used to evaluate quotations:

Factor 1 Price The Government will determine prices to be fair and reasonable in accordance with FAR Part 13.106-3 based on, but not limited to, market research, current or previous purchases, prices for similar performance in a related industry, and comparison to an independent Government estimate.

Quoters responding to this solicitation are advised that, prior to award, the Government may request quoters to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts.

Factor 2 Technical Capability/Approach The Government will evaluate the Quoter for acceptability of Technical Capability.

Minimum Requirements:

The following are the minimum requirements a quote must meet to be deemed acceptable for the Technical Capability factor:

https://www.sam.gov/

1) The quoted supplies/services shall meet the solicitation requirements including any required parts, delivery dates, and terms and conditions stated in the solicitation.

Technical Capability/Approach evaluations will result in one of the following ratings:

TABLE 1 - TECHNICAL RATINGS

Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.

A quote must be rated "ACCEPTABLE" for the quote to be eligible for award. An "UNACCEPTABLE" rating for Technical Capability/Approach factor will result in the entire quote being rated "UNACCEPTABLE" overall; an overall rating of "UNACCEPTABLE" makes a quote ineligible for award. A quote must contain sufficient information to enable evaluators to determine acceptability; if there is insufficient information to determine acceptability of the quote, the quote will be rated “UNACCEPTABLE” overall.

The Government reserves the right to request that the awardee reduce its total price, or adjust CLIN prices with no change to total price, in order to reduce administrative costs and avoid unnecessary burdens for the agency pursuant to FAR 13.002.

QUESTIONS: Any questions in relation to this solicitation shall be submitted to Chris Rolince email at christopher.c.rolince.civ@us.navy.mil

The cut-off date for questions is 10:00 AM ET on 26 April 2023.

(b) Each Offeror should submit its most favorable terms from a price and technical standpoint.

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 service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(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 124.1002", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"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 by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least

51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR

127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part

19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR

121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it

[ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or http://www.sam.gov/

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Apr 13, 2023.