41.N3225324Q0026_Spacesaver_Solicitation.pdf
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- Attached to
- Spacesaver Storage Systems Repair and Maintenance Federal contract opportunity
- Solicitation number
- N32253-24-Q-0026
About this file
This is a solicitation for repair and maintenance services for Spacesaver storage systems at Joint Base Pearl Harbor-Hickam Naval Shipyard. The contractor will provide preventative maintenance twice annually and emergency repairs. The period of performance is from March 2024 to March 2029. Quotes are due by February 23, 2024 at 8:00am HST. The solicitation is a total small business set aside with a NAICS code of 811310. Offerors must be registered in SAM and complete the required provisions and representations in the solicitation. Pricing must include labor, travel per the FAR and JTR, and materials. The solicitation incorporates FAR clauses by reference.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| N3225324Q0026 Amend 0001.pdf | ||
| APPENDIX_II_ENV_FOR_KTRS.pdf | ||
| 41.N3225324Q0026_Spacesaver_Solicitation.pdf | ||
| _PHNSY_IMF_OPSEC_Requirements.pdf | ||
| APPENDIX_I_SAFETY_HEALTH.pdf | ||
| APPENDIX_III_Contractor CIA_CNIA_NWA.pdf |
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SEE ADDENDUM
(No Collect Calls)
N3225324Q0026 12-Feb-2024
b. TELEPHONE NUMBER
808-473-8000
8. OFFER DUE DATE/LOCAL TIME
Feb 23, 2024 08:00 AM
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.
N322539. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
AARON MILLER
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
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
PEARL HARBOR NAVAL SHIPYARD & IMF
667 SAFEGUARD ST., STE 100,
JBPHH HI 96860-5033
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 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: 808-473-8000
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$12,500,000
NAICS:
811310
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 OF47
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.
N3225324Q0026
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
CLIN
Number
2 Job
MAINTENANCE SPACESAVER STORAGE SYSTEM
FFP
Annual preventative maintenance two (2) times a year. Preventative maintenance consists of precautionary services performed on equipment covered in the
PWS.With the primary purpose of preventing the equipment from being out of normal operation.
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
CLIN
Number
4 Job
Emergency Calls and Repairs
FFP
Four (4) emergency calls for repairs per year. Emergancy services performed on equipment covered in the PWS with the primary purpose of preventing the equipment from being out of normal operation.
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
CLIN
Number
2 Job
OPTION MAINTENANCE SPACESAVER STORAGE SYSTEM
FFP
Annual preventative maintenance two (2) times a year. Preventative maintenance consists of precautionary services performed on equipment covered in the
PWS.With the primary purpose of preventing the equipment from being out of normal operation.
4 Job
Emergency Calls and Repairs
FFP
Four (4) emergency calls for repairs per year. Emergancy services performed on equipment covered in the PWS with the primary purpose of preventing the equipment from being out of normal operation.
FFP
Annual preventative maintenance two (2) times a year. Preventative maintenance consists of precautionary services performed on equipment covered in the
PWS.With the primary purpose of preventing the equipment from being out of
FFP
Four (4) emergency calls for repairs per year. Emergancy services performed on equipment covered in the PWS with the primary purpose of preventing the
FFP
Annual preventative maintenance two (2) times a year. Preventative maintenance consists of precautionary services performed on equipment covered in the
PWS.With the primary purpose of preventing the equipment from being out of
FFP
Four (4) emergency calls for repairs per year. Emergancy services performed on equipment covered in the PWS with the primary purpose of preventing the
FFP
Annual preventative maintenance two (2) times a year. Preventative maintenance consists of precautionary services performed on equipment covered in the
PWS.With the primary purpose of preventing the equipment from being out of
FFP
Four (4) emergency calls for repairs per year. Emergancy services performed on equipment covered in the PWS with the primary purpose of preventing the
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 04-MAR-2024 TO
03-MAR-2025
N/A N/A
0002 N/A N/A N/A N/A
1001 POP 04-MAR-2025 TO
03-MAR-2026
1002 N/A N/A N/A N/A
2001 POP 04-MAR-2026 TO
03-MAR-2027
2002 N/A N/A N/A N/A
3001 POP 04-MAR-2027 TO
03-MAR-2028
3002 N/A N/A N/A N/A
4001 POP 04-MAR-2028 TO
03-MAR-2029
4002 N/A N/A N/A N/A
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government
0002 N/A N/A N/A Government
1001 N/A N/A N/A Government
1002 N/A N/A N/A Government
2001 N/A N/A N/A Government
2002 N/A N/A N/A Government
3001 N/A N/A N/A Government
3002 N/A N/A N/A Government
4001 N/A N/A N/A Government
4002 N/A N/A N/A Government
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT
PEARL HARBOR NAVAL SHIPYARD
AND INTERMEDIATE MAINTENANCE FACILITY (PHNSY & IMF)
REPAIR OF SPACESAVER STORAGE SYSTEM
1.0 BACKGROUND
1.1 Pearl Harbor Naval Shipyard & Intermediate Maintenance facility (PHNSY & IMF) is a US Navy regional industrial center that maintains, overhauls, and repairs various vessels of the US Navy. Its industrial operations provide the US naval forces with a wide range of services and resources located on the island of
Oahu, Hawaii, with direct and indirect support to submarines, surface vessels and shore based activities in the Pacific.
2.0 SCOPE OF WORK/OBJECTIVE
PHNSY & IMF seeks a Contractor to provide service/repair on Spacesaver Storage Systems at the Joint
Base Pearl Harbor-Hickam Naval Shipyard. Serviceable items include Spacesaver Storage Systems, office storage, and industrial storage.
3.0 PERFORMANCE REQUIREMENTS
3.1 The Contractor shall provide annual preventative maintenance two (2) times a year including four (4) emergency calls for repairs. Preventative maintenance consists of precautionary services performed on equipment covered in this Agreement with the primary purpose of preventing the equipment from being out of normal operation.
3.1.1 Preventative Maintenance services shall be performed by a Certified Spacesaver Technician on the three
(3) Spacesaver Storage Systems
3.1.2 Preventative Maintenance services to be provided by a Certified Spacesaver Storage System Technician on
(3) Spacesaver Storage Systems to be:
1. Inspection & Testing of:
a. Safety features
b. Electrical Wiring & Switches
c. Mechanical & Logic Controls
d. Safety Bar & Safety Eyes
e. Carrier Indexing
2. Lubrication & Adjustment of:
a. All Moving Parts, Chains & Rails
b. Safety Bar & Safety Eyes
3. General Maintenance & Cleaning of:
a. Control Board & Controls
4. All work to be performed by a certified Spacesaver Storage System Technician.
3.1.3 Conditions of work performed:
1. Preventative Maintenance is to be scheduled two times a year by the Technical Point of Contact
(TPOC).
2. The certified technician will respond to emergency repair service calls within 48 hours (not including weekend or holidays).
3.2 Reports: The contractor shall provide a report detailing the inspections made to equipment; any repair performed on equipment; and any pertinent information concerning the condition of the equipment, i.e.
damage and wear that indicate the machine is not running at optimal specifications and requires repairs outside of the scope of this repair agreement, to the Technical Point of Contact (TPOC). The Contractor shall provide the report to the TPOC within seven business days from the date repairs were performed on the Spacesaver Storage System.
3.3 The Contractor providing services shall meet the qualifications stated in section 6.
3.4 Travel: Shall be in accordance with Joint Travel Regulations.
3.5 SERVICE DELIVERY SUMMARY TABLE A
Performance
Requirement
PWS
Paragraph
Notes Performance
Threshold
1. Perform preventative maintenance services as required.
Paragraph 3.1 100% delivery and compliance.
2. Respond to emergent repair service calls as required.
Paragraph 3.1 100% delivery and compliance.
3. Provide report on services performed to the Government.
Paragraph 3.2 100% delivery and compliance.
4.0 QUALITY ASSURANCE
4.1 The contractor shall follow all Safety and Health requirements as detailed in Appendix I
4.2 The contractor shall follow all Environmental requirements as detailed in Appendix II
5.0 GOVERNMENT FURNISHED
5.1 GENERAL. The Government will provide the following equipment, supplies, and services listed below: NONE
5.2 FACILITIES. The Government will provide access to the affected work areas.
5.3 EQUIPMENT/SERVICES. The US Government will provide electrical 110V wall outlets. Any damage that results from exceeding the rated circuit capacity of the outlets shall be borne by the Contractor.
5.4 HOUSEKEEPING. The Contractor shall be responsible for keeping the surrounding areas in a clean and orderly condition while work is being accomplished.
6.0 CONTRACTOR QUALIFICATIONS/REQUIREMENTS
6.1 The Contractor shall be an authorized Spacesaver Certified repair technician.
6.2 The Contractor shall provide certification for employee level of expertise, for performance of the deliverables described by this PWS and the necessary management and administrative support associated with personnel, equipment and services provided.
7.0 PERSONNEL
7.1 Personnel: In accordance with current Department of Defense and Homeland Security requirements, performance of all work under this contract is restricted to US citizens and US nationals only. Contractor personnel performing services shall be required to comply with all Pearl Harbor Naval Shipyard and IMF rules, regulations, and training that is applicable to conduct, safety, security, and procedures governing site entry and exit. All regulations, procedures and access/security requirements shall be obtained prior to the first day of contract performance. It is the responsibility of the Contractor to process and obtain all approvals and allow for sufficient processing time to secure access and entry to
PHNSY & IMF.
7.2 Security Requirements: The contractor/instructor shall pass a background check to gain access onto the base. The contractor will coordinate with PHNSY & IMF to obtain a gate pass at building 3455 Pass
Office. It is not unusual for the pass process to take an hour or more. Contractor/instructor must be a
U.S. Citizen and must pass a security background check. Only those individuals with favorable investigations shall be utilized on this contract. Prior to the start of work, the Contractor shall provide the
COR (on company letterhead) a request for access and include the following information – full name of all personnel working on this contract; Social Security number; date of birth, place of birth, and citizenship. The contractor shall state that information has been verified and shall have supporting records on file, if required for examination. Contractor’s employees must be a U.S. Citizen and registered with the Defense Biometric Identification System.
7.2.1 Contractor personnel must meet the requirements for unescorted entry, green badge, to PHNSY&IMF areas. Escorted access to CNIAs and NWAs must be coordinated with the cognizant Department
Security Coordinator to ensure that the area is sanitized and the escort is properly briefed/knowledgeable of the area. The Contractor shall follow the applicable requirements listed below in 8.0
ATTACHMENTS and brief their personnel to ensure compliance. Non-compliance with applicable items in Attachments is a material violation of the contract. Should Contractor personnel receive or suspect they have learned unauthorized sensitive information, they shall identify and immediately report suspicions to the TPOC. This contract does not require access to Nuclear Work Areas (NWA).
7.2.2 Also, the Contractor shall adhere to the requirements of Appendix III
7.3 Should Contractor personnel receive or suspect they have learned of classified information beyond their level of clearance, the Contractor shall identify and report suspicions to the TPOC.
7.4 When performing work associated with this PWS, the Contractor shall make clear to all individuals they deal with that they are contract employees and not DOD employees.
7.5 Contractor employees shall clearly identify themselves as a Contractor (i.e. company shirt, pin, visible company identification) in a visible location on the front of exterior clothing and above the waist, (except when safety or health reasons prevent such placement) as to who their employer is. Identification badges shall be worn at all times when performing work, including while attending Government meetings and conferences that may take place outside the facility.
7.6 Place of Performance: The Contractor shall perform maintenance in Pearl Harbor Naval Shipyard
(PHNSY) in building 167, 3rd Floor, Controlled Nuclear Information Area.
7.7 Hours of Operation:
7.7.1 PHNSY&IMF operates 24 hours per day. However, most PHNSY&IMF administrators work 0630 to 1500 hrs, Monday through Friday, and do not work on Federal holidays.
7.7.2 Federal Holidays: If the federal holiday falls on a Saturday, the holiday is observed on the proceeding
Friday. If the federal holiday falls on a Sunday, the holiday is observed on the following Monday.
8.0 ATTACHMENTS:
APPENDIX I – SAFETY AND HEALTH WORK PRACTICES FOR CONTRACTORS
WORKING WITH PEARL HARBOR NAVAL SHIPYARD AND INTERMEDIATE
MAINTENANCE FACILITY (PHNSY & IMF) REVISED AUGUST 2022
APPENDIX II (FACILITIES) – ENVIRONMENTAL PROTECTION GUIDELINES FOR
CONTRACTORS ON FACILITIES PROJECTS AT PEARL HARBOR NAVAL SHIPYARD &
INTERMEDIATE MAINTENANCE FACILITY REVISED OCTOBER 16, 2019
APPENDIX III – CONTRACTOR SECURITY REQUIREMENTS FOR PHNSY&IMF’S
CONTROLLED INDUSTRIAL AREA, CONTROLLED NUCLEAR INFORMATION AREAS,
NUCLEAR WORK AREAS AND/OR OTHER SENSITIVE AREAS (Rev. JUN 2021)
OPSEC CONTRACTORS REQUIREMENT
Contract shall meet the requirement of all solicitation and award attachments.
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018
52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
NOV 2021
52.204-22 Alternative Line Item Proposal JAN 2017
52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
SEP 2023
52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services
NOV 2023
52.222-29 Notification Of Visa Denial APR 2015
52.229-11 Tax on Certain Foreign Procurements--Notice and
Representation
JUN 2020
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
MAR 2023
52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998
52.252-5 Authorized Deviations In Provisions NOV 2020
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
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party
Contractor Reported Cyber Incident Information
JAN 2023
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
252.204-7016 Covered Defense Telecommunications Equipment or Services
-- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023
252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors
JAN 2023
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
252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 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.
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.
ADDENDUM TO FAR 52.212-1
1. All firms or individuals responding must be registered with the System for Award Management (SAM)
(https://www.sam.gov) by the award date. The solicitation document and incorporated provisions and clauses will be those in effect through Federal Acquisition Circular (FAC), DFARS, and NMCARS.
2. Technical Approach: In order to evaluate Technical Capability, the Offeror is required to submit a detailed written technical proposal. Please submit a technical proposal (not to exceed 5 pages) that clearly demonstrates thorough knowledge and understanding of, and approach to, accomplishing each paragraph listed in the PWS and solicitation requirements. The proposal must contain sufficient details so that it may be evaluated in accordance with the PWS and comply with the period of performance set forth in the solicitation.
3. On page 1 of the solicitation document (Standard Form 1449), fill out box 17a. to include Contractor name, address, telephone number, and CAGE Code.
4. On page 3 of solicitation document, fill out the unit price and total amount for CLIN.
5. An itemize breakdown of price quote that clearly and concisely describes and defines the contractor’s response to the requirements contained in the solicitation. Travel costs including airfare, lodging, rental car, per diem, shall be included. Travel shall be in accordance with current Department of Defense (DoD) Joint Travel Regulations and
Federal Acquisition Regulations (FAR) 31.204-46.
6. All quotation submissions need to include completion of FAR 52.204-24, 52.204-26, and 52.212-3
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:
(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)
Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR
15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)
https://www.sam.gov/
(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.
ADDENDUM TO FAR 52.212-2
1. EVALUATION
a. Basis for Contract Award
This evaluation is conducted in accordance with (IAW) Federal Acquisition Regulation (FAR) 13, Simplified
Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS) and the Navy Marine Corps Acquisition Regulation Supplement (NMCARS). These regulations are available electronically at the Federal Acquisition Regulation website, https://www.acquisition.gov/. A contract may be awarded to the contractor who is deemed responsible IAW FAR 9.1, whose technical approach is deemed acceptable IAW the solicitation, and whose price is determined fair and reasonable.
Factor 1 – Technical Capability. Technical capability will be evaluated by Table 1 – Technical Ratings table below. If the offeror is deemed Unacceptable, then the price factor will not be evaluated.
TABLE 1- TECHNICAL RATINGS
RATING DESCRIPTION
Acceptable Quote meets the requirements of the solicitation and clearly demonstrates thorough knowledge and understanding of, and approach to, accomplishing the PWS.
Unacceptable Quote does not meet the requirements of the solicitation or does not clearly demonstrate thorough knowledge and understanding of, and approach to, accomplishing the PWS.
Factor 2 – Price. Those offerors with a technical capability of “Acceptable” will then be evaluated for total price reasonableness in accordance with the FAR. Based on all quotations received, the lowest priced technically acceptable offeror will be selected.
b. Solicitation Requirements, Terms and Conditions
Contractors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors. Failure to comply with the terms and conditions of the solicitation may result in the contractor being ineligible for award. Contractors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale. The
Government reserves the right to determine any such exceptions unacceptable.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2023)
http://www.acquisition.gov/ http://www.acquisition.gov/
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 124.1001", 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 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--http://www.sam.gov/
(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .
(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation, and
(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR
Subparts 60-1 and 60-2), or
(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(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…
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