N332253-24-Q0057 Forklift rental.pdf

SEE ADDENDUM

(No Collect Calls)

N3225324Q0057 13-May-2024

b. TELEPHONE NUMBER

(808)473-8000 X 5193

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 22 May 2024

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

PATRY A SOCIAS

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

1 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:

532289

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)

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.

N3225324Q0057

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

12 Months

20,000 lb - 24,000 lb Forklift Rental

FFP

One (1) forklift with pneumatic tires and diesel or propane fuel to assist in operations within the PHNSY & IMF in accordance with the Performance Work Statement (PWS).

FOB: Destination

MILSTRIP: N3225324RC70011

PSC CD: W039

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

6 Months

OPTION 20,000 lb - 24,000 lb Forklift Rental

FFP

One (1) forklift with pneumatic tires and diesel or propane fuel to assist in operations within the PHNSY & IMF in accordance with the Performance Work Statement (PWS).

FOB: Destination

PSC CD: W039

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 03-JUN-2024 TO

02-JUN-2025

N/A N/A

FOB: Destination

0002 POP 03-JUN-2025 TO

02-DEC-2025

N/A N/A

FOB: Destination

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 0002 Destination Government Destination Government

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

PEARL HARBOR NAVAL SHIPYARD & IMF (PHNSY & IMF)

FORKLIFT RENTAL SERVICES

1.0 BACKGROUND:

Pearl Harbor Naval Shipyard & IMF (PHNSY & IMF), a naval industrial facility located on the island of Oahu, Hawaii, maintains, overhauls, and repairs various vessels for the US Navy. Over 5,200 military and civilian personnel work to keep the US Navy “Fit to Fight”. Forklift availability is crucial to ensure the completion of day-to-day activities within the Shipyard to support the Fleet.

2.0 SCOPE AND OBJECTIVE:

PHNSY & IMF seeks the rental of one forklift to assist in operations within the shipyard for up to one full year and one option of six months.

3.0 PERFORMANCE REQUIREMENTS:

a. Forklift Specifications:

QUANTITY TYPE FUEL TYPE TIRE TYPE

ONE (1) 20000 lb.- 24000 lb. DIESEL OR PROPANE PNEUMATIC

b. The contractor shall provide the following:

1. Manufacturer required maintenance and repairs on all rental forklifts.

2. Unlimited hourly usage.

3. Propane tanks as required (Issued with a full tank and returned with a full tank).

4. Response to minor repairs (e.g. flat tires) within 24 hrs. notice.

5. Replacement of inoperable forklifts within 24 hrs. of notice.

c. PHNSY & IMF will conduct the following pre-use inspection:

1. Tires and Rims. Visually inspect readily accessible areas of tires for excessive wear and damage. Visually Inspect readily accessible areas of the rims for dents, bends, and cracks.

2. Engine Oil and Fluid Leaks. Visually check readily accessible areas for apparent engine oil, hydraulic, transmission and brake fluid leaks.

3. Radiator Coolant Leaks. Visually check readily accessible areas for apparent radiator coolant leaks.

4. Battery. Visually check accessible portions of the battery and the battery cables for apparent damage, cuts and abrasions. Visually verify that the accessible portion of cables appear to be free of corrosion, verdigris, arcing, pitting, exposed conductor material, and loose connections.

5. Fuel System. Visually inspect the visually accessible portions of fuel system area for any apparent leaks or any abnormal odors.

6. Unusual Engine Noises. Start engine, should any unusual noises be noted with the engine running, turn off Material Handling Equipment (MHE), reject and discontinue this check.

7. Lights. Check that the headlights, brake lights, and any other installed lights are working. All lights must operate properly.

8. Horn. Depress the horn push button to verify that the horn is operating properly.

9. Hoist. Raise and lower hoist to verify the hoist assembly and controls operate smoothly. Inspect all visually accessible hoses for cracked coverings or apparent leaks.

10. Tilt and Side Shift. Tilt forward and backward to verify the tilt operates smoothly. Operate side shift to verify the carriage moves immediately and smoothly to the left and the right. Inspect all visually accessible hoses for cracked coverings or apparent leaks.

11. Transmission/Clutch. Verify that the transmission/clutch operates smoothly with no unusual noises. Verify that the parking brake is set and that no one is in front of or behind the MHE. A periodic check can be made by attempting to stall the engine with the directional control lever in either the forward or reverse position. If the engine starts, the MHE shall be rejected.

12. Directional Controls. Shift directional controls into forward, neutral and reverse directions to verify the MHE operates properly and smoothly.

13. Brake System Check. With the parking brake engaged, attempt to drive MHE forward by applying a moderate amount of power to the MHE and verify that it does not move. Visually inspect that no fluid is leaking from the brake system. Check the service brakes to verify they stop the MHE smoothly and evenly without pulling or binding. Where applicable, check the dead-man brake or travel control disconnect device for proper operation.

14. Gauges/Meters. Where applicable, inspect the following:

a. Warning Indicators. With the engine running at normal operating temperature, check the oil pressure gauge for normal operating pressure. If any warning indicator lights signal a malfunction, the MHE shall be rejected until repaired.

b. Coolant Temperature Gauge. With the engine running at normal operating temperature, check that the gauge is indicating within the proper indicating range.

c. Fuel Gauge. Check the fuel gauge for proper reading. On types Liquefied Petroleum (LP) and Compressed Natural-gas (CN) MHE, the mechanical-type fuel gauge may be mounted directly on the gas tank. Dual-fueled MHE shall not be operated unless the gasoline fuel tank is at least 1/4 full.

d. Voltmeter/Ammeter gauge. With the engine running, check the voltmeter/ammeter to verify that it’s in the green range when the engine is running at least 550 rpm.

e. Hour meter. Verify that the hour meter is registering while the engine is running.

f. Weight Scales. With forks elevated, and no load, verify that the weight scales read zero. Adjust accordingly.

15. Fire Extinguisher. When equipped, visually inspect the extinguisher cylinder for dents. Check that the gauge is registering in the green (if so equipped) and check that the wire seal has not been broken. Verify periodic checks are current. Check nozzle and hose for defects. Reject extinguisher if not serviceable.

16. Operator Restraint System. If MHE is equipped with an operator restraint system (e.g., seat belt) it shall be inspected to verify that they fully extend out, can be properly secured, and fully retract back. Additionally, they shall not exhibit any evidence of the following discrepancies: (a) nicks or cuts, (b) frayed webbing, (c) holes, and (d) broken or worn retractor.

17. Forks. Visually examine the forks for surface cracks, including under the heel of the forks. Verify that blade and shank are straight, properly installed, and fork tips are even. Verify that load ratings of forks match MHE load rating. Surface cracks appearing on the forks shall be cause for rejection until forks are repaired or replaced.

18. Fork Positioning Locks/Stops. Verify the fork positioning locks/stops secure each fork in position. Verify forks are securely engaged to the carriage.

19. Fork Safety Chains. Verify the presence and operation of fork safety chains (equipped on units with folding forks) and associated locking pins.

20. Overhead Guards. Visually Inspect all hardware. Verify that overhead guard and hardware is in place and all structural members appear to be or are secured.

21. Ground Straps or Static Conductive Tires/Wheels. For rated EE type MHE, verify the presence of two ground straps and that they touch the floor/deck or two conductive tires/wheels. For rated EX type MHE, verify the presence of two conductive tires/wheels.

22. Structural Cracks/dents or damage. Visually inspect readily accessible area of the forklift for structural cracks, dents, damage, or defects. Reject MHE until repaired or replaced.

23. Mandatory Markings. Verify the following is clearly and properly marked: (a) safe working load (SWL) and vehicle weight (VW) on both sides, and except for pallet trucks, in view of operator, (b) operator controls, (c) manufacturer’s nameplate/label, (d) accredited laboratory (UL, FM) certification, and (e) for ammunition and explosives handling only, the weight test certification form. Reject if any marking is missing, illegible, expired or incorrect. All other required markings that are rejected shall be recorded on the MHE Inspection Form but is not a cause for removal from service.

Any operational issues discovered by PHNSY & IMF personnel during the pre-use inspection will be forwarded to the contractor at which time the contractor must either remedy or replace forklift within 24-hour of notice. Wear and tear items of all types will be the responsibility of the contractor. PHNSY&IMF will assume damage costs proven to result from operator negligence (e.g. collisions). At no time will PHNSY&IMF assume the responsibility of identifying forklift mechanical issues. The pre-use inspection checklist will only be utilized as a way to identify safe use of forklifts.

d. Repair Parts:

The contractor shall advise the Contracting Officer if any replacement parts are not covered by warranty. Contractor shall not proceed with repairs without authorization from the Contracting Officer or designated contracting official.

e. Workmanship:

The Contractor shall ensure that all work performed is done by certified, trained personnel to current equipment and industry standards and specifications.

4.0 PLACE OF PERFORMANCE:

Within Pearl Harbor Naval Shipyard, both inside and outside the Controlled Industrial Area (CIA).

5.0 SERVICE DELIVERY SUMMARY:

PERFORMANCE

REQUIREMENT

PWS PARAGRAPH PERFORMANCE

THRESHOLD

Provide one (1) forklift with requested services.

Paragraph 3.0, 3.0.b 100% delivery and compliance

6.0 CONTRACTOR QUALIFICATIONS/REQUIREMENTS:

The Contractor shall ensure the necessary 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.

Contractor will comply with Safety and Health work practices specified in Appendix I.

Contractor will comply with Environmental Guidelines specified in Appendix II.

7.0 SECURITY:

The contractor shall pass a background check to gain access onto the base. The contractor will coordinate with the TPOC or COR 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 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.

Contractor personnel must meet the requirements for escorted entry “white 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 requirements listed below in “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 COR.

This contract does not require a security clearance level and clearance granted by the Defense Security Service (DSS). Contractor will comply with Security requirements specified in Appendix III.

8.0 GOVERNMENT FURNISHED UTILITIES AND SERVICE:

GENERAL: None provided. The Government will not provide any additional services, material, or government furnished equipment as part of this PWS.

UTILITIES: The contractor may utilize existing facility electrical and/or low-pressure air outlets to perform the work. However, the contractor shall be responsible for any damages that may result from the operation of contractor’s equipment.

9.0 HOURS OF OPERATION:

PHNSY&IMF operates 24 hours per day. However, most PHNSY&IMF administrators work 0630 to 1500 hours, Monday through Friday, and do not work on Federal holidays.

Outside of 0630 to 1500 working hours may be performed with concurrence from government TPOC and COR. The contractor shall submit a request in writing no later than one (1) week prior to scheduling work on second shift hours.

If the Federal holiday falls on a Saturday, the holiday is observed on the preceding Friday. If the Federal holiday falls on a Sunday, the holiday is observed on the following Monday.

New Year’s Day 1st of January Dr. Martin Luther King’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day 4th or 5th Monday in May Juneteenth 19th of June Independence Day 4th of July Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day 11th of November Thanksgiving Day 4th Thursday in November Christmas Day 25th of December

10.0 Attachments-Appendices

Appendix I. SAFETY AND HEALTH WORK PRACTICES FOR CONTRACTORS WORKING WITH

PEARL HARBOR NAVAL SHIPYARD AND INTERMEDIATE MAINTENANCE

FACILITY (PHNSY & IMF) (Revised March 2024)

Appendix II. ENVIRONMENTAL PROTECTION GUIDELINES FOR CONTRACTORS ON

FACILITIES PROJECTS AT PEARL HARBOR NABAL SHIPYARD & INTERMEDIATE

MAINTENANCE FACILITY (Revised 16 OCT 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 (Revised June 2021)

OPSEC: plan is not required; contractors shall meet the requirements of all solicitation and award attachments.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

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

52.223-6 Drug-Free Workplace MAY 2001

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 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

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

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 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7007 Termination for Default DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 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

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) 2024-04, DFARS 03/26/2024, and NMCARS 18-22.

Please submit a technical proposal (not to exceed 5 pages) that clearly demonstrates thorough knowledge and understanding of, and approach to, accomplishing 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.

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:

https://www.sam.gov/

(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.)

(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, and (FAR) 15, Contracting by Negotiation 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 clearly meets the minimum requirements of the PWS and solicitation.

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

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 http://www.acquisition.gov/

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 (FEB 2024)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

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

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ http://www.sam.gov/

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

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

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

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

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

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

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(6) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) Women-owned business concern (other than small business concern).