(R4)_Combined_Synopsis_Solicitation_19Q0334.docx

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both FEDBIZOPPS and NECO (http://www.neco.navy.mil/).

The RFQ number is N6264919Q0334. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-95 and DFARS Publication Notice 20161222. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The NAICS code is 562211, for Oily Waste Water (OWW) Purification Services. This is a competitive, unrestricted action among sources duly authorized to operate and do business in JAPAN. Offerors may be required to submit additional documentation demonstrating their ability to perform in Japan prior to award.

It is the quoter’s responsibility to ensure all electronic media are readable by the Government.

All Contract Line Item Numbers (CLINs) shall have a firm-fixed unit price and total price.

Quotation for this RFQ must be on an “All or NONE” basis. Partial or incomplete quotations are ineligible for award.

The NAVSUP, Fleet Logistics Center (FLC), Yokosuka, Contracting Department requests responses from qualified sources capable of providing:

CLIN 0001 (Base Period) – OILY WASTE WATER COLLECTION SERVICES with rental rubber fenders for USS RONALD REAGAN See below PWS for details.

POP 28 Oct 2019 to 4 May 2020

QTY 190 Days x @ ¥ or $ _______________ = ¥ or $ _______________

CLIN 0002 (Base Period) – SAMPLING AND ANALYSIS See below PWS for details.

POP 28 Oct 2019 to 4 May 2020

QTY 1 Group x @ ¥ or $ _______________ = ¥ or $ _______________

CLIN 0003 (Base Period to Option Period III) – SHIFT BARGE

POP 28 Oct 2019 to 3 July 2020 Not to exceed (NTE) the quantity.

Payment will be made to the service Government received.

QTY 2 Job x @ ¥ or $ _______________ = ¥ or $ _______________

CLIN 0004 (Base Period to Option Period III) – TUG BOAT

POP 28 Oct 2019 to 3 July 2020

QTY 1 Jobs x @ ¥ or $ _______________ = ¥ or $ _______________

CLIN 0005 (Base Period Option Service) – OILY WASTE WATER PURIFICATION (TREATMENT) SERVICES This CLIN may be exercised after sample test result is received.

See below PWS for details.

POP After PFAS test result is received to 4 May 2020

QTY 1 group x @ ¥ or $ _______________ = ¥ or $ ______________

Total of Base Period ¥ or $ _______________

CLIN 1001 (Option Period I) – OILY WASTE WATER COLLECTION SERVICES

See below PWS for details.

POP 5 May 2020 to 19 May 2020

QTY 15 Days x @ ¥ or $ _______________ = ¥ or $ _______________

CLIN 1002 (Option Period I) – SAMPLING AND ANALYSIS

CLIN 1005 (Option Period I) – OILY WASTE WATER PURIFICATION (TREATMENT) SERVICES

Breakdown: 15 days x @ ¥ or $ _______________ = ¥ or $ ______________

Total of Option Period I ¥ or $ _______________

CLIN 2001 (Option Period II) – OILY WASTE WATER COLLECTION SERVICES

See below PWS for details.

POP 20 May 2020 to 3 Jun 2020

QTY 15 Days x @ ¥ or $ _______________ = ¥ or $ _______________

CLIN 2002 (Option Period II) – SAMPLING AND ANALYSIS

CLIN 2005 (Option Period II) – OILY WASTE WATER PURIFICATION (TREATMENT) SERVICES

Breakdown: 15 days x @ ¥ or $ _______________ = ¥ or $ ______________

Total of Option Period II ¥ or $ _______________

CLIN 3001 (Option Period III) – OILY WASTE WATER COLLECTION SERVICES

See below PWS for details.

POP 4 Jun 2020 to 3 Jul 2020

QTY 30 Days x @ ¥ or $ _______________ = ¥ or $ _______________

CLIN 3002 (Option Period III) – SAMPLING AND ANALYSIS

CLIN 3005 (Option Period III) – OILY WASTE WATER PURIFICATION (TREATMENT) SERVICES

Breakdown: 30 days x @ ¥ or $ _______________ = ¥ or $ ______________

Total of Option Period III ¥ or $ _______________

Total Amount (Base, Option Period I, II, and III) ¥ or $ _______________

PERFORMANCE WORK STATEMENT (PWS)

Oily/Chemical Waste Water Purification Service To support Tank Work on USS RONALD REAGAN (CVN-76).

1.1 Regulations and References Applicable to Waste Water Purify Service

1.1.1 The Contractor shall provide waste water purification services in accordance with applicable Government of Japan national and prefectural environmental laws and regulations consistent with the Japan Environmental Governing Standards (see chapter 4 wastewater).

1.1.2 The Government shall provide copies of all applicable regulations and references not readily available to the Contractor.

1.2 General Requirements

1.3 Specifications

1.3.1 Specifications for Oil Separating Barge:

a) Provide one (1) 200,000 gallon capacity oil separating barge. Barge must include one (1) receiving tank, one (1) oil collection tank, and a minimum of three (3) settling tanks.

b) Contractor shall provide one (1) oil separating barge with a waste water purify system. The barge should have a minimum capacity of 200,000 gallons. The barge must have sufficient sludge storage capacity to allow continuous operations while awaiting sludge removal.

c) Contractor shall provide up to seven (7) rubber fenders located in port of the Commander, Fleet Activities Yokosuka (CFAY) Japan.

d) The purify system shall be available and ready to use on a 24-hour-a-day basis during the period of performance (POP) as stated herein. Contractor shall also provide 24 hour a day monitoring of the purifying system.

e) The purifying system shall purify and flush the bilge/chemically treated water in the manner described herein and in accordance with 1.1 and 1.2 listed above.

f) The stability of the oil separating barge must be maintained at all times.

g) The Contractor shall maintain the capability to safely transverse from the barge to the pier when required.

1.3.2 Specifications for Water Purification:

a) Prior to taking on any wastewater to the barge, the Contractor shall obtain a sample of the bilge water onboard the ship with a Code 106.3 Environmental representative present and send it to a laboratory for testing via Code 106.3 Environmental. The contractor shall then send out the sample for testing and may proceed with dewatering the bilges and transferring the wastewater to the barge.

b) Code 106.3 Environmental shall inform the Contractor of test results.

c) When settling occurs in the barge, the waste water may contain oil-mixed chemical detergents, aqueous film forming foam (AFFF) liquids and other contamination. The Contractor shall treat and purify the wastewater to satisfy parameters and effluent limits in Section 1.3.7.

d) If AFFF (concentrate) is generated shipboard, SRF and Ships Force will be responsible for storing AFFF shipboard or in a pier side temporary storage tank supplied by SRF. Contractor will not be required to handle, store, treat, or dispose of AFFF generated during the period of performance.

e) The minimum capacity for the water purification system will be fifty (50) cubic meters /hour and 1,200 cubic meters/day.

f) The minimum capacity for chemical water purify system will be twenty (20) cubic meters/hour and 480 cubic meters/day. The chemical water purify system shall have an upward flow removable and continuous filter system in order to purify contaminated chemical detergent and/or AFFF liquid in accordance with Section 1.3.7 herein.

g) Contractor shall ensure that any wastewater with elevated levels of PFOS, sludge which has settled in the barge and any associated filters is disposed in accordance with Section 1.3.4 herein.

h) All purify work shall be controlled by an authorized Environmental Pollution Preventive Controller (Kogai Boshi Kanrisha).

i) The treatment shall result in cleaned water effluent with no color that changes the color of the receiving water.

j) The treatment shall result in cleaned water effluent that does not contain any odor that changes the odor of the receiving water.

1.3.3 Specifications for Used Oil Fuel Recycling:

a) Contractor shall separate used oil fuel and ensure it is recycled outside CFAY.

b) Contractor shall recycle used oil fuel at no additional cost to the Government.

c) The Contractor shall provide the SRF-JRMC Environmental Support Services Branch Recycling Manager, Contact DSN 243-2744 or commercial phone 046-816-2744 with a signed and/or stamped Recycle Certificate, Receipt Letter or Manifest from the Used Oil fuel Recycle company or Facility from outside CFAY.

d) The contractor shall pay all fees, charges, taxes and customs duties associated with the recycling of the Used Oil Fuel.

1.3.4 Specifications for Elevated PFOS contaminated water, Sludge and Filters disposal:

a) Contractor shall contact Code 106.3 and request the Government to sample and analyze elevated PFOS contaminated water, sludge and filters.

b) The Contractor shall arrange for transfer of waste sludge and filters generated from barge treatment operations to CFAY for disposal.

c) If the PFOS level results are in excess of the allowable limit, the contractor shall coordinate with government to transfer the oily wastewater from the barge and into storage containers to CFAY for disposal.

1.3.5 Oil Spillage and Contingency Plan:

a) In the event of an oil spillage in the sea involving the Contractor, the Contractor shall take immediate action and measures to control and clean-up the oil spill.

b) The Contractor shall monitor shore Riser connection of portable pumps, hoses and the barge one time prior to, one time after completion of, and continually during the pumping, to ensure transferred liquids are not inadvertently spilled or overflow into the water surrounding the ship.

c) If an oil spill occurs; the Contractor shall take immediate action in accordance with all requirements of 1.1 and the Contractor’s Site-Specific Emergency Response Plan.

d) Upon receipt of the award information, the Contractor shall submit its Site-Specific Emergency Response Plan immediately. This plan is for the performance of actions when an oil spill occurs.

e) The Contractor shall maintain the capability to immediately deploy a floating oil containment boom when transferring oily waste products. The oil containment boom must have sufficient length to encompass the contractor barge.

1.3.6 Requirements for Barge Shifting:

a) In case of ship’s sea trial or another pertinent situation, the Contractor shall disconnect the bilge transfer piping from the barge and shore riser at designated piers. The Contractor shall return the barge to the Contractor’s plant or the nearest mooring point from the place of performance. Before disconnection, the Contractor shall thoroughly flush the bilge transfer piping.

b) The Contractor shall deliver the same barge to the place of performance within a reasonable time prior to ship’s arrival. The Contractor shall connect the bilge transfer piping to the barge after ship’s arrival.

c) Barge Shifting: Total Quantity is 2.

1.3.7 Environmental Protection Performance Requirements:

a) The Contractor shall notify C106.3 Environmental Ship POCs regarding a predetermined date/time to observe that the barge does not contain wastewater and sludge prior to work operation with the Government.

b) The Contractor shall conduct annual sampling and analysis of effluent during service to the Government from each treatment barge as shown in tables E1 and E2. Normally, the annual sampling will occur for each treatment barge after it has been in service (continuous or periodic) to the government for 12 (twelve) months. The Government, however, may direct the Contractor to conduct the annual sampling and analysis (tables E1 and E2) at any time prior to the end of the 12 (twelve) month period. Additionally, the Contractor shall conduct monthly sampling and analysis of effluent during service to the Government from each treatment barge that operates continuously for over one month in service to the Government as shown in table E1. The contractor shall coordinate with SRF-JRMC Code C106.31 Environmental Support Services Branch to observe the Contractor’s effluent sampling. The sampling and analysis shall be conducted in a laboratory that is certified by the Japanese regulatory authority for the applicable Japanese Industrial Standard (JIS) test method. The Contractor shall sample and analyze treated wastewater effluent to ensure that the following parameters and limits and all applicable laws and regulations are met and provide copies of the monitoring analysis results to the SRF-JRMC Code C106.3 Wastewater Program Manager located at Bldg. A-40, DSN 243-3071 or commercial phone 046-816-3071 within five (5) working days of receiving results from accredited Japanese laboratory. The Contractor shall provide the SRF-JRMC Environmental Wastewater Program Manager with a monthly Oily Wastewater Treatment Report including the names of Government Activities serviced during the reporting month and volume/gallons treated or collected.

Parameter, Effluent Limit and Monitoring Frequency shall be IAW JEGS Chapter 6.

Performance Period:

Base Period: 10/28/19 – 05/04/20, Total 190 days Option Period I: 05/05/20 – 05/19/20, Total 15 days Option Period II: 05/20/20 – 06/03/20, Total 15 days Option Period III: 06/04/20 – 07/03/20, Total 30 days

Location: SRF Yokosuka Berth #12

Ship: USS RONALD REAGAN (CVN-76)

ICN/KO: 3876E99201 S01

SRF Service Work:

a) X-99: Provide shore utility services.

b) C740: Provide land crane services.

c) C-106.3: Coordinate sampling/analysis of cleaned water treated by the contractor’s barge.

Contracting Officer’s Representative (COR)

TBD

Technical Point of Contact (TPOC):

TBD

On-Site Coordinator (OSC):

TBD

Financial Point of Contract (FPOC)

TBD

Financial Point of Contract (FPOC)

TBD

(End of PWS)

ECMRA

Enterprise-wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [NAVY] via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address http://www.ecmra.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at http://www.ecmra.mil.

PERFORMANCE BASED SERVICE CONTRACT (PBSC)

The Government acquires the services through this contract based on PBSC concept. Quality Assurance Surveillance Plan (QASP) is described below.

Quality Assurance Surveillance Plan (QASP) for OWW Purification Services

a. Objective This QASP has been developed to the Government in providing effective and systematic surveillance for the water purification services contract. The QASP provides the methodology by which Contractor’s performance will be monitored by the Contracting Officer’s Representative (COR) to determine compliance with standard performance objectives. The contract performance objectives, assessment methods, performance standards, and acceptable quality level are described below in further detail.

The COR will inspect and evaluate contractor’s performance for each evaluation area and submit “Contractor’s Performance Evaluation Sheet” (see Attachment 1) to the Contracting Officer.

b. Method of Surveillance Surveillance of Contractor performance in the method will be used by the Government to determine whether the Contractor is effectively and efficiently complying with all terms and conditions of the contract. The following surveillance methods shall be used:

c. Evaluation and Rating The COR will rate and report the Contractor’s performance by using the form of “Contractor’s Performance Evaluation Sheet” (Attachment (I)) and submit to the Contracting Officer. In case any inconsistency or deficiency is found, the COR will record it on the form and attach any related document to the form. The Government will rate the Contractor’s performance using the following adjectival ratings:

EXCEPTIONAL (E): The services performed by the Contractor are considered to have exceeded the performance standards described above and demonstrate a good probability of success without any problems during the remaining period of the contract.

VERY GOOD (VG): The services performed by the Contractor are considered to have satisfied the performance standards described above and demonstrate a good probability of success during the remaining period of the contract. Even if the Contractor had minor problems on its performance, the Contractor has demonstrated that it could correct such problems without any damage to the Government.

SATISFACTORY (S): The Contractor’s performance is considered to have substantially met the stated performance standards described above and demonstrates a good probability of success during the remaining period of the contract. Even if the Contractor had minor problems on its performance, the Contractor has demonstrated that it could correct such problems with minimal damage to the Government. Although some minor inconsistency or weakness exists, it can be readily corrected.

MARGINAL (M): The Contractor’s performance is considered to have partially failed meeting the stated performance standards, and the response to correct the deficiency was marginal. That is, a substantial number of the Contractor’s record responses “good,” but a deficiency or weakness exists, and it/they may be susceptible or correction through the exchange of information. There is marginal probability of success during the remaining period of the contract.

UNSATISFACTORY (U): The Contractor failed meeting one or more of the stated performance standards, and failure was considered “major.” Even if the failure was minor, the Contractor did not or could not correct the deficiency properly and/or if adversely affected the Government operation. In such a case, probability to success during the remaining period of the contract is minimal unless a proper corrective action is made.

In case the Contractor’s performance is rated either “Marginal” or “Unsatisfactory”, the Contractor shall take a corrective action(s) to all deficiencies identified 30 days.

Note: COR will assess the overall rating based on all the three (3) performance standards above with comments. All three (3) factors are equally important and the comment from COR is mandatory.

d. Record of Evaluation The COR will maintain a complete QASP file. All records will be retained and considered when deciding if it is in the best interest of the Government to exercise an option to extend the term of the contract or enter into a new contract.

INSPECTION AND ACCEPTANCE Inspection and acceptance of the services delivered will be made by the following:

U. S. Naval Ship Repair Facility and Japan Regional Maintenance Center, Japan (SRF-JRMC) or its duly authorized Representatives.

Upon completion of the contract work, the Contractor will furnish documentation, such as a delivery ticket, immediately following completion of the contract work. The Government will use this documentation to accept services rendered. The Contractor will furnish a copy of the signed acceptance document with its payment requests.

LIST OF ATTACHMENTS

CONTRACT ADMINISTRATION

Contract Administration Appointments and Duties: In order to expedite administration of this contract/order, the following delineation of duties is provided including the names, addresses and phone numbers for each individual or office as specified. The individual/position designated as having responsibility should be contacted for any questions, clarifications or information regarding the functions assigned.

(a) Procuring Contracting Officer (PCO) is responsible for:

0. Solicitation information/questions;

0. All pre-award information, questions, or data;

0. Freedom of information inquiries;

0. Change/question/information regarding the scope, terms or conditions of the basic contract document; and/or

0. Arranging the post award conference (See FAR 42.503-1).

Tel: (046) 816-7195 Fax: (046) 825-7298

1. Contract Administration Office (CAO), which is the same as the PCO above, is responsible for matters specified in FAR 42.302 and DFARS 243.302 except in those areas otherwise designated herein.

OTHERS:

It is emphasized that only the PCO has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract between the contractor and any other person be effective or binding on the Government. When/if, in the opinion of the Contractor, an effort outside the existing scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action must be taken unless the PCO has issued a contractual change.

When, in the opinion of the Contractor, the Contractor requests effort outside the existing scope of the contract (or delivery order), the Contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the Contractor under such direction until the Contracting Officer has issued a modification to the contract (or delivery order) or has otherwise resolved the issue.

Contracting Officer’s Representative (COR) Duties: COR is responsible for;

(1) Liaison with personnel at the Government installation and contractor personnel on site;

(2) Technical advice/recommendations/clarification on the specifications,

(3) Monitoring contractor performance to assure that corrective action is being taken;

(4) Identifying contractor noncompliance with any of the terms and conditions specified in the order to the Contracting Officer;

(5) Security, Safety, and Environmental requirements on Government installations;

(6) Certificating invoices for payment in writing, acceptance/rejection of the deliverables;

(7) Approving and coordinating for working in and around existing buildings;

(8) Serving as a point of contact through whom the contractor can relay his questions and problems of a technical nature to the Contracting Officer;

(9) Inspection and acceptance of the services performed by the contractor; and

(10) Alerting the PCO, as appropriate, to any potential problems which may affect performance schedules.

EFT (Payment by JPY): The Contractor must agree to receive payment by EFT. Transaction fee (currently ¥735) will be deducted by the Financial Institution (Bank of America) making payment.

Invoice Instructions: The Contractor shall submit an invoice in accordance with DFARS 252.232-7003 and 252.232-7006 via WAWF.

Designated Payment Office: Payment will be made by the following office:

Defense Finance and Accounting Service Bldg. 206 Unit 5220 Code JRLG Yokota Air Base Fussa-shi, 197-0001 Japan

CLAUSES INCORPORATED BY REFERENCE

The following FAR provisions and clauses are applicable to this procurement:

52.202-1, Definitions;

52.203-3, Gratuities;

52.204-7, System for Award Management;

52.204-13, System for Award Management Maintenance;

52.204-22, Alternative Line Item Proposal 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation;

52.212-1, Instructions to Offerors - Commercial Items;

52.212-4, Contract Terms and Conditions - Commercial Items;

52.217-5, Evaluation of Options;

52.225-14, Inconsistency between English Version and Translation of Contract;

52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications;

52.229-6, Taxes--Foreign Fixed-Price Contracts;

52.232-39, Unenforceability of Unauthorized Obligations;

52.232-40, Providing Accelerated Payments to Small Business Subcontractors;

52.247-34, F.O.B. Destination;

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing--

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

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

(c) Representation. The Offeror represents that--

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.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

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

Covered telecommunications equipment or services means--

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

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

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

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

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

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

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

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

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

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

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing--

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

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

(d) Reporting requirement.

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

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

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

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

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.212-2, Evaluation--Commercial Items (Oct 2014):

Narrative Value Adjusted Total Evaluated Price (VATEP) concept will be contemplated. Award of the contract resulting from this solicitation will be made to the Quoter whose quote, conforming to the solicitation, quotes the best value to the Government in terms of past performance, and price rather than to the quote providing the lowest price using the Subjective Tradeoff method of determining the best value. Best value means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. Quoters are advised that the quote meeting the solicitation requirements with the lowest price may not be selected for an award if award to a higher priced Quoter is determined to be more beneficial to the Government. However, the perceived benefits of the higher priced proposal must merit the additional price. Best value tradeoff analysis will not be performed for any Quoter who receives an unacceptable rating for any factor or subfactor, and award will not be made to any Quoter whose quote is deemed unacceptable in any factor or subfactor. Subjective judgment on the part of the Government evaluators is implicit in the entire process. Evaluation factors and process is as follows:

Evaluation Factors

1. Past Performance

2. Price

The basis for Award will be Best Value (VATEP)/Trade Off method.

Evaluation of Past Performance Each Quoter will be evaluated on their past performance. Evaluation of a quote will be based on the information presented in the written quote along with any input obtained from outside sources relevant to past performance. The Government will focus on information that demonstrates the Recency, Relevancy, and Quality of past performance relative to the scope, magnitude and complexity of the procurement under consideration and to the performance requirements of this solicitation.

Quoters are advised that the Government may use and evaluate independently obtained past performance data, such as the Past Performance Information Retrieval System (PPIRS); Past Performance Questionnaires (PPQs); Federal Awardee Performance and Integrity Information System (FAPIIS); Electronic Subcontract Reporting System (eSRS); other databases; interviews with Program Managers, Contracting Officers, Fee Determining Officials, the Defense Contract Management Agency (DCMA), or other individuals; as well as, or in addition to, all recent and relevant past performance data provided by the Quoter. The Government reserves the right to contact, or not to contact, any or all of the sources provided by the Quoter. Therefore, it is incumbent upon the Quoter to explain the relevance of any past performance data provided. Furthermore, the Government does not assume the duty to search for data to explain or remedy any inconsistencies it finds in the information provided by the Quoter. The burden of providing thorough and complete past performance information remains with the Quoter.

In the case of a Quoter that does not have past performance information or for which information on past contract performance is not available, the Quoter will not be evaluated favorably or unfavorably on the factor of past performance and a neutral rating will apply. The past performance evaluation is separate from the responsibility determination required by FAR Subpart 9.1.

Past Performance Rating Methodology For the Past Performance factor, the Quoter’s past performance will be evaluated to determine how well the Quoter performed efforts are Recent and Relevant to the solicitation requirements. Past performance will first be assessed to determine if it is Recent, as defined in this solicitation. More recent contracts are generally more relevant than contracts that are several years beyond their end of performance dates. Contracts determined not to be acceptable because they are Not Recent will not be evaluated for Relevance. Past performance for contracts deemed to be either Not Recent or Not Relevant will not be evaluated. The Government will then evaluate the Quality of performance for those contracts deemed as Recent and Relevant, and a Performance Confidence Assessment Rating will then be assigned, which addresses the Government’s level of confidence in the Quoter’s ability to perform the required effort successfully based on the Quoter’s Relevant past performance as a prime contractor and systemic improvement. More relevant past performance will typically be a stronger predictor of future success and have more influence on the Performance Confidence Assessment Rating than past performance of lesser relevance. Further, a Relevancy determination of Somewhat Relevant may significantly degrade the applicability of the associated contract and its relative weight to the Performance Confidence Assessment Rating. In the case of a Quoter without a record of past performance, without a record of Relevant past performance, with a performance record that is so sparse that no meaningful confidence assessment rating can be reasonably assigned, or for whom information on past performance is not available, the Quoter will receive a Neutral Confidence rating.