N6264923Q0100 Combined_Syn-Sol.pdf

N6264923Q0100

This is a COMBINED SYNOPSIS/SOLICITATION N6264923Q0100 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/).

This solicitation documents and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2021-07 and DFARS Publication Notice 20210929. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The clauses may be accessed in full text at these addresses:

http://acquisition.gov/far/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

The NAICS code is 332313, for Aluminum Truss Brow. 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.

Contractors may request clarification of any specification or contract term. No verbal requests for information will be accepted by the Contracting Officer or his/her Technical Representative. Contractor’s questions must be submitted to the Contract Specialist in writing via email: Alexis.D.James4.civ@us.navy.mil. All requests for clarification on the subject solicitation shall be emailed to the Contract Specialist by 10 May 2023 at 1600 hours Japan Standard time (JST). All questions and answers will be submitted via an amendment to the original solicitation.

This announcement will close and time for quote submission is on 22 May 2023 at 1000 hours JST.

Offers received after this date and time will be considered non-responsive and will not be given further consideration. Please provide all submission to the Government Point of Contact:

Alexis.D.James4.civ@us.navy.mil.

http://www.neco.navy.mil/

Additional Note:

“Offerors are reminded of the requirements associated with Subcontracting with contractors that are debarred, suspended or proposed for debarment contained at FAR 52.209-6. As with all FAR requirements, please ensure you are familiar with those requirements prior to submitting your proposal.”

Oral communications are not acceptable in response to this notice. All responsible sources may submit a quote which shall be considered by the agency.

All quotes shall include price(s), a point of contact to include, name, phone number, and e-mail address. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.

Quoter’s Company information: Below company information must be provided.

Company name:

Company address:

Cage code: (if applicable) Point of Contact (POC):

POC’s phone number: POC’s e-mail address:

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

CLIN 0001 ALUMINUM TRUSS BROW

FFP

Includes equipment, transportation, and overhead.

RDD: 31 MARCH 2024

QTY and UNIT: 2 Aluminum Truss brows (See detailed specification below for details.)

Contractor may submit in either U.S. Dollar or Japanese Yen. If providing Japanese Yen, JPY 127.7677/US$1.00 (FY23 Budget Exchange Rate) will be used as conversion rate in accordance with FAR 52.225-17.

This solicitation/contract has the following attachments.

Attachment (1): Drawings Attachment (2): Financial Information Data Sheet Attachment (3): Past Performance Information (PPI)

STATEMENT OF WOWK

FY23 Procure Aluminum Truss Brow

1. General

a. The contractor shall provide two (2) aluminum truss brow for C984 Docking Office at US Naval Ship Repair Facility Yokosuka and Japan Regional Maintenance Center (SRF-JRMC).

b. The brow shall be used for a temporary passageway between ship and dry dock pier side during dry docking.

c. Unless otherwise specified herein, the contractor shall furnish all labor, materials, equipment, crane services, transportation and supervision necessary to provide the brow at the site.

2. Reference. The contractor shall refer to the following standard documents to accomplish the work to the extent specified herein.

a. Occupational Safety and Health (OSHA)Standards Shipyard Employment (29 CFR 1915)

b. Japan Occupational Safety and health Acts

c. Japanese Law, the air and water pollution prevention act

d. Japanese Industrial Standard or equivalent

e. Japan Environmental Governing Standards (JEGS)

f. ENVIRONMENTAL PROTECTION/HAZARDOUS WASTE (NAVSHIPREPFACINST 5090.1H)

g. Fall protection code (ANSI Z359)

h. Aluminum Handbook (Japan Aluminum Association)

3. Attachment.

Attachment (1): SRF C984 4FT WIDTH ALUMINUM TRUSS BROW SKETCH

4. Specification The contractor shall design and fabricate the aluminum brow to meet the following requirement in reference to the attached drawings.

a. Design The type of brow shall be aluminum truss brow. One side of the brow shall be fitted ship connection which shaped claw. Other side shall be fitted pipe roller under the brow. Walkway floor construction shall be designed with plate or plank. Cleat shall be fitted on walkway floor at the pitch described in the attachment to prevent a slip. See attachment (1).

b. Material and Welding Work Material of brow should be aluminum alloy member in accordance with reference (d). Contractor shall consider material and welding work in accordance with reference (d) and (h).

c. Size and Quantity Main size and quantity of brow shall be in Table-1.

Table-1

No. Nominal Length Brow Width Quantity

1 60FT 4FT 1EA

2 45FT 4FT 1EA

(1) Nominal Length

Brow nominal length shall be defined as effective length when brow installed between ship and pier. The length shall be measured from edge of claw to edge of pipe roller end.

(2) Overall Length https://www.osha.gov/pls/oshaweb/owastand.display_standard_group?p_toc_level=1&p_part_number=1915

Brow overall length shall be defined as structural length. The length shall be measured at both ends of brow.

(3) Brow Width Brow width shall be defined as walkway width which exclude structural member.

(4) Hand Rail Hand rail height shall be minimum 3’-6” which measured from walkway floor to top of rail. Hand rail material shall be Nominal Pipe Size (NPS) 1 1/2 aluminum pipe or equal.

(5) Weight Weight of 60FT brow shall be less than 6,000LBS.

Weight of 45FT brow shall be less than 4,500LBS.

d. Capacity

(1) Hand Rail Hand rail load shall be designed to resist a single concentrated load of 200Lbs applied at any direction at any point along the top.

(2) Live Loads Live load shall be designed minimum 75 PSF (Pound per Square Foot).

e. Fitting

(1) Lifting Padeye Lifting padeye shall be installed to the brow. See attachment (1). The strength of each lifting padeye shall be calculated to lift the brow by two (2) points. Generally, lifting padeye shall be used at four (4) points to lift the brow. However, brow weight shall be loaded two (2) points during installation on board. Contractor shall design and install lifting padeye considering each lifting pattern using two (2) points and four (4) points.

(2) Tie Down Point

Eye plate shall be installed to the brow. See attachment (1). The purpose of tie down shall to be tied the brow with ship structure or dock pier cleat prevent to slip or fall the brow.

Strength of each tie down ring or eye plate shall be more than brow weight which can support the brow itself. Eye opening shall be minimum 1 1/8”.

(3) Ring

Ring shall be installed as attachment (1).

The purpose of ring shall to be used for safety life line connection for fall protection, guy rope, safety line and chain. Ring material diameter shall be minimum 7/8” diameter.

(4) Fender

Fender shall be installed under the brow at ship connection side and pipe roller side. See attachment (1).

The purpose of fender shall have no-damage to the brow and ship during temporary installation on board and during transportation. Fender material shall be Fiber reinforced Foamed Urethane, Urethane Rubber material or equal. The fender shall be removable by fastener when replacement.

(5) Middle Rail

Middle rail shall be installed between top rail and walkway floor.

(6) Toe Board Toe board shall be installed on both sides of walkway. Height of the toe board shall be minimum 4” from walkway floor level.

f. Indication

(1) Lifting padeye Contractor shall provide “LIFTING POINT” plate on each lifting padeye. The “LIFTING POINT” shall be plastic engraving plate.

g. Preservation and Painting Contractor shall apply three coats paint on the brow. All paints shall not contain lead, hexavalent chromium and cadmium.

First coat shall be 3 Mil (s) (76.2μm).

Second coat shall be 3 Mil (s) (76.2μm).

Third coat shall be 3 Mil (s) (76.2μm) of haze gray.

Lifting padeye shall be painted yellow.

Tie down point shall be painted white.

Walkway floor shall be non-slip coating of haze gray.

5. Inspection and Operational Test Contractor shall perform inspection and operational test for brow to meet the following requirement prior to delivery.

a. Visual inspection Contractor shall inspect the brow in accordance with reference (d), (h) and manufacturer’s production procedure or welding standard. The Government will have the option to attend and witness test.

b. Dimension inspection Contractor shall measure the brow dimension based on drawing in accordance with manufacturer’s production procedure.

c. Welding inspection Contractor shall perform NDT (Non-Destructive Test) for the following item.

(1) All lifting padeye

(2) Ship connection

(3) Main member partially

d. Operation test

Contractor shall perform operational test following item.

If contactor fabricate splice brow on site, the contractor shall confirm lifting condition after work again. The Government will have the option to attend and witness test.

(1) Lift by four(4) padeye lifting Contractor shall lift the brow by four (4) padeye which are two (2) pattern with no load.

(2) Lift by two (2) padeye lifting Contractor shall lift the brow by two (2) pairs all padeye which are four (4) pattern with no load. Only one side of brow which located pipe roller or ship connection shall support during two (2) padeye lifting test.

(3) Measurement of actual weight Contractor shall measure actual brow weight after fabrication.

e. Load Test Contractor shall perform load test for the brow. Test load shall be 100 PSF for the purpose of calculation. The midspan deflection shall not exceed (brow length)/360 then. After the test load is removed, the brow shall have no permanent deflection greater than 15% of (brow length)/360. Contractor shall inspect the brow which has no damage, no crack and no deformation after load test. The Government will have the option to attend and witness test.

7. Delivery

a. The contractor shall provide mobile crane, required rigging gears and labor for unloading and installation of the equipment. The Government will not provide any crane service or lifting equipment.

b. The contractor shall assemble and install the brow at the SRF DRY DOCKS by the Government direction.

8. Document submission

a. Pre-Fabrication Approval documents

(1) The contractor shall submit the following documents to the Technical Point of Contact (TPOC) for review and approval before the start of work, no later than twenty-five (25) working days after contract award. Government technical review will be completed and returned with comments within ten (10) working days after receipt from the contractor.

(a) Drawing

(b) Capacity

(c) Work schedule

(d) Manufacture’s Production Procedure and Welding Standard

b. Operation Test and Load Test Documents The contractor shall submit the Operational test and load test item and procedure to TPOC for review and approval before twenty-five (25) working days of the operational test. The Government technical review will be completed and returned with comments within ten (10) working days after receipt from the contractor.

c. Completion Documents The contractor shall submit the following two (2) hard copy sets and one (1) PDF/CAD data set of completion documents when the brow is delivered.

(1) Drawing (Principal dimensions written by imperial and metric.)

(2) Fabrication information (picture, sketch, etc.)

(3) Load test result (include photo, calculation)

(4) Operational test result (photo, etc.)

(5) Brow certification by manufacture or organization

(6) Material certification

(7) Material list

(8) Visual inspection and dimensional check result

9. General Safety, Environmental and Equipment Requirements

a. The equipment specified herein shall be in compliance with the applicable OSHA regulations.

b. The equipment shall be designed and constructed so that during the operation, service, transportation and storage conditions described herein including final disposal, the equipment will comply with Environmental Protection Agency (EPA) and Occupational Safety and Health Agency (OSHA) and local environmental agency restrictions for materials classified as hazardous to the environment in effect on the date of the contract.

10. TPOC

Kei MIURA, Engineer (Naval Architecture), 1-8 SRF-JRMC Yokosuka, C984 TEL: 046-816-7083, Bldg. A17 2nd floor e-mail: kei.miura.ja@srf.navy.mil

CONTRACT ADMINISTRATION PLAN (CAP)

In order to expedite the administration of this contract, the following delineation of duties is provided. The names, addresses and phone numbers for these offices or individuals are included elsewhere in the contract award document. The office or individual designated as having responsibility should be contacted for any questions, clarifications, or information regarding the administration function assigned.

1. The Procuring Contract Office (PCO) is responsible for:

mailto:kei.miura.ja@srf.navy.mil

a. All pre-award duties such as solicitation, negotiation and award of contracts.

b. Any information or questions during the pre-award stage of the procurement.

c. Freedom of Information inquiries.

d. Changes in contract terms and/or conditions.

PCO Name: Alexis James Ashore Contracts Division Contracting Department (C220) NAVSUP Fleet Logistics Center (FLC), Yokosuka. Japan

Address: PSC 473, Box 11, FPO AP 96349-0011 Phone: DSN: 243-7195

2. The Contract Administration Office (CAO) is responsible for matters specified in the FAR 42.302 and DFARS

42.302 except those areas otherwise designated as the responsibility of the TL or someone else herein.

Name: (Same as PCO)

3. The paying office is responsible for making payment of proper invoices after acceptance is documented.

Name: Defense Finance and Accounting Service, Japan Attn: Code JRLC

Bldg. 206, Unit 5220 Yokota Air Base, Fussa-shi, Tokyo, Japan (197-0001)

Phone: 0425-52-2511 Ext. 225-3202

DFARS 252.232-7003 & 7006 apply to this order. Payment shall be made through Wide-area Work Flow (WAWF).

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

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

MAR 2023

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

MAR 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

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

JUN 2020

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

JUN 2020

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.247-34 F.O.B. Destination NOV 1991 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.225-7048 Export-Controlled Items JUN 2013

252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services.

DEC 2022

252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services.

DEC 2022

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.225-7976 (Dev) Contractor Personnel Performing in Japan. (DEVIATION 2018-O0019)

AUG 2018

252.225-7976 (Dev) Contractor Personnel Performing in Japan. (DEVIATION 2018-O0019)

AUG 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

DEC 2022

252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(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 websites) 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 products or commercial services, 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 (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

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

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

(c) Representations.

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

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

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management Management via https://www.sam.gov.

https://www.sam.gov/

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

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:

Evaluation Factors

1) Past Performance

2) Price

The Government will award on the basis of price unless Contracting Officer is aware of past performance information related to the low price quote which indicates that quote may not represent best value. In that case, the Government reserves the right to consider the past performance of other quotes, conduct a price, past performance tradeoff, and award to other than the lowest price quote.

The extent of PPI required by this acquisition is set forth in the solicitation. PPI will not be considered if it is not related to the services/supplies called for by this solicitation.

1. Evaluation of Past Performance

Contractor shall provide three (3) past performance records (Attachment (3)), which include sufficient information to determine the Recency, Relevancy, and Quality of the work performed for the same or similar services/supplies.

That were provided to the general public, the U.S. Government, and/or the Government of Japan (including Japan Self-Defense Force (JSDF)) within the past three (3) years. In assigning the Past Performance Rating, performance will be rated on an “acceptable” or “unacceptable” basis using the ratings in the table below.

Adjectival Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

2. Evaluation of Price

The price(s) quoted in response to the solicitation will be evaluated through price analysis to determine price reasonableness.

(b) Options. Not applicable.

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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022) ALTERNATE I (OCT 2014)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

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

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

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

"Small business concern"--

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

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

CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002", means a small business concern under the size standard applicable to the acquisition, that--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov.