N6817122Q4020 RFQ_FINAL.pdf

SEE ADDENDUM

(No Collect Calls)

N6817122Q4020 27-Mar-2022

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

05:00 PM 08 Apr 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N681719. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

EVAN M. REA

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N4917A22RC009YK

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVSUP FLC SIGONELLA SITE DJIBOUTI

PSC 831

BOX 0013

FPO AE 09902-0001

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N4919A 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CENTRAL RECEIVING POINT (CRP)

ZACHERY BROWN

MOGADISHU INTERNATIONAL AIRPORT COMPOUND

MOGADISHU

TEL: DSN: 311.824.9583 FAX:

FAX:

TEL: +253.21.350.099 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

541618

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF56

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N6817122Q4020

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months External Affairs Liaisons

FFP

Contractor is responsible for providing tax exoneration services in accordance with the Performance Work Statement.

FOB: Destination

MILSTRIP: N4917A22RC009YK

PURCHASE REQUEST NUMBER: N4917A22RC009YK

PSC CD: R799

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 12 Months Defense Base Act (DBA) Insurance

FFP

This CLIN covers any costs associated with Defense Base Act (DBA) Insurance under this contract.

FOB: Destination

MILSTRIP: N4917A22RC009YK

PURCHASE REQUEST NUMBER: N4917A22RC009YK

PSC CD: R799

NET AMT

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Military Assistance Group-Somalia (MAG-S)

External Affairs Liaison Support Services

1. BACKGROUND.

1.1. The US Government (USG) regularly receives shipments by air and sea into Somalia in direct support of Somalia and as a practice does not pay import or export taxes. To facilitate the exemption of import and export taxes, required documents shall be signed off by multiple Somalia ministries (Federal Government of Somalia (FGS) and Federal Member States (FMS)). This is best achieved through face-to-face contact, which at this time is not feasible for U.S. Government personnel. Failure to secure tax exonerations results in undue delay in onward movement of cargo from the port to final destination. This is a non-personal services contract to provide External Affairs Liaisons in support of Combined Joint Task Force-Horn of Africa (CJTF-HOA). Contractor personnel performing under this contract shall be controlled, directed, and supervised at all times by management personnel of the Contractor. Contractor management shall ensure that Contractor personnel properly comply with the performance work tasks outlined in this Performance Work Statement (PWS). Contractor employees shall perform their duties independently and without the supervision of any Government official or other Defense Contractor. The tasks, duties, and responsibilities set forth in this contract shall not be interpreted or implemented in any manner that results in any Contractor personnel creating or modifying Federal policy, obligating the appropriated funds of the USG, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in the Federal Acquisition Regulations (FAR) Parts 7.5 and 37.1.

1.2. The Contractor shall provide External Affairs Liaisons in support of the CJTF-HOA Military Coordination Cell (MCC) at Mogadishu International Airport (MIA), Somalia. Liaison duties include but are not limited to: Coordination of equipment delivery and transfers that occur in Mogadishu outside of MIA, and other ports located within the FGS and FMS, and providing both verbal and written Somali-English translation services in order to facilitate the conduct of business with host nation partners. The majority of the tasks will be ensuring that import and export items have received tax exoneration status in order to facilitate for onward movement by the freight forwarder. A goal time of 20 calendar days or less is desirable for tax exoneration once all documents are received (e.g., Bill of Lading, Commercial Invoice, and Packing List).

1.3. This mission carries a significant degree of risk. The Contractor shall be aware that there should be no expectation of a USG-assisted evacuation for the External Affairs Liaison positions. The Contractor shall take significant security precautions and coordinate closely with the African Union Mission to Somalia (AMISOM), the FGS, and the Somali National Army (SNA) to reduce personal risk.

1.4. For items going through the tax exoneration process, its documents will be hand-delivered to the following locations after receiving by the Office of Security Cooperation (OSC). This is the typical process and does not reflect what every single interaction will be:

1. US Embassy

2. Ministry of Finance

3. Ministry of Foreign Affairs

3. Ministry of Internal Security

4. Ministry of Defense

5. Prime Minister's Office

6. Returned to Ministry of Finance

7. Delivery of Paperwork to port to receive shipment

1.5. Exoneration Estimate: Exonerations for the past year totaled approximately 340 shipments.

2. PERIOD OF PERFORMANCE.

2.1. The estimated period of performance for this contract shall be one base period of 12 months.

3. REQUIREMENTS.

3.1. The Contractor shall provide External Affairs Liaisons for tasks to be performed as described in the duties listed below. Each Liaison shall be professionally fluent in both Somali and English with a minimum of Level 3 proficiency in both languages as defined by the Interagency Language Roundtable (ILR) scale.

3.1.1. The Contractor shall provide the External Affairs Liaison with all necessary logistics support, lodging, transportation, operational equipment, and sustainment services, health services, insurance, life insurance, leave policy; leave shall be coordinated with the Contracting Officer Representative (COR).At no time will the External Affairs Liaisons be on leave at the same time; if an External Affairs Liaison is on extended leave (leave exceeding 14 consecutive calendar days), the Contractor shall provide a replacement, at no additional cost to the Government, to fill in as necessary to meet the requirements below. The Government is not responsible for any travel costs associated with Contractor personnel leave.

3.1.2. External Affairs Liaisons must be familiar with the various Somalian ministries and their primary tasks will be securing tax exoneration status of USG imports and exports.

3.2. Housing accommodations outside of MIA are permitted for contractors that have previously established residence in Somalia.

3.3. Screening: The External Affairs Liaisons shall be required to undergo a full security screening. The

Security screening may include, but is not limited to, vendor vetting, J2X screening, Counterintelligence screening, and background checks.

3.4. End state: The External Affairs Liaisons shall assist in processing import and export documentation through the offices of the Minister of Defense; Minister of Finance; Minister of Interior; Minister of Internal Security; Minister of Foreign Affairs & Internal Cooperation; Minister of Interior, Federal Affairs & Reconciliation; Minister of Aviation & Transportation; Minister of Ports & Maritime Transport, and others as required. The end state is to ensure that all U.S. imports and exports receive tax exoneration status at the ports to allow for onward movement by the freight forwarder. Tax exoneration will be completed within 20 days of receiving all required documents: Bill of Lading, Commercial Invoice, and Packing List.

3.4.1. The External Affairs Liaisons shall assist in the processing of tax exoneration requests across Federal Member States to include Somaliland, Kismayo, Bosaso, Galkayo, and Puntland offices.

3.4.2. External Affairs Liaisons shall maintain current political awareness and understand the changing dynamics of the clan structures of the FMS and the FGS cabinet positions.

3.5. While performing tasks under this contract, the External Affairs Liaisons are advised that any dissemination or discussion of daily activities, logs, or reports to any party or person outside of the Military Assistance Group-Somalia staff without prior written approval is prohibited. Violation of this procedure will constitute immediate grounds for remedial contractual action by the Contracting Officer up to, and including termination of the contract.

3.6. The External Affairs Liaisons shall identify themselves as a Government contractor when performing duties under this contract to avoid creating a situation where third parties might be under the impression that the Contractor is a Government official.

4. REPORTS.

4.1. Each External Affairs Liaison shall submit a report two times per week to the COR and the Military

Assistance Group- Somalia J3, J4, or OSC Chief which details activities undertaken during the reporting period.

4.1.1. Reports at a minimum shall include a spreadsheet listing all Bills of Lading number and the current status of achieving tax exoneration to include specific days that documents arrived at the ministry office, when the ministry signed off on the documents, and issues that may result in exonerations taking over 20 days to complete.

4.2. Any organization conflicts of interest as defined in FAR 2.101 or potential organizational conflicts of interest that arise in the performance of this contract shall be reported to the COR and addressed and resolved under the procedures set forth in FAR 9.5.

5. QUALIFICATIONS.

5.1. External Affairs Liaisons

5.1.1. Personnel qualifications. Offerors lacking relevant past performance history may submit information regarding predecessor companies, key personnel who have performed on other contracts or subcontracts that will perform major or critical aspects of the requirement if such information is relevant to this acquisition.

5.1.1.1. Level 3 proficiency in both Somali and English language as defined by the Interagency Language Roundtable Scale.

5.1.1.2. Demonstrated prior professional experience involving liaising with Federal Government of Somalia officials, to include experience executing material clearances and a point of contact that can validate the clearances at the Minister of Finance; Minister of Interior; Minister of Internal Security; Minister of Foreign Affairs & Internal Cooperation; Minister of Interior, Federal Affairs & Reconciliation; Minister of Aviation & Transportation; Minister of Ports & Maritime Transport Minister of Defense; and/or Somali National Army military officers and officials.

5.1.1.3. Demonstrated prior professional experience involving liaising with the States of Puntland and Jubaland officials, to include experience executing material clearances and a point of contact who can validate this at the Ministry of Finance and Office of the State’s President.

5.1.1.4. Demonstrated proof of performance: dated proof of receipt (Bills of Lading), submission (Ministry of Finance reference numbers), and clearance of tax exonerations (copies of final customs documents) the contractor has previously cleared. Data shall demonstrate dates received and tax exemption/customs clearance date with documentation to determine an average clearance time. Each clearing must display types of items; e.g., food, military vehicles, parts etc.

5.1.1.5. Demonstrated experience clearing both Air and Surface (Sea) cargo through Mogadishu

International Airport (MIA), Port of Mogadishu, Port of Kismayo, Port of Bosaso, and Port of Berbera.

5.1.1.6. Demonstrated ability to conduct gate clearance for cargo trucks within MIA security perimeter.

5.1.1.7. Demonstrated experience in the drafting and routing of Diplomatic Notes through the U.S.

Embassy in Mogadishu – or any other Embassy in Africa (must be able to site-specific diplomatic note numbers).

5.1.1.8. Demonstrated prior experience working with and supporting a USG country team, U.S.

Military, AMISOM, and/or United Nations.

5.1.1.9. Prior professional or academic experience using Microsoft Word and Excel.

5.1.1.10. Familiarity with Department of Defense contract and grant policies and regulations.

5.1.1.11. Demonstrated prior experience operating in Somalia.

6. DEMOBILIZATION.

6.1. Demobilization upon contract completion/repatriation; the Contractor is responsible for all repatriation;

transportation and shipping costs are the sole responsibility of the Contractor.

7. ADDITIONAL REQUIREMENTS.

7.1. External Affairs Liaisons will be required to complete a Non-Disclosure Agreement upon contract award.

7.2. Defense Base Act (DBA) insurance. DBA insurance is required by law and provides workers compensation insurance to non-DOD civilian employees in the event of an injury or death while on the job. The costs of DBA insurance vary depending on individual insurance providers.

7.3. Resumes of Candidates. The contractor shall provide to the Government, the resume of each proposed External Affairs Liaison.

7.4. Contractors Authorized to Accompany the Forces (CAAF). The External Affairs Liaisons provided under this contract are NOT considered CAAF.

8. SUMMARY OF PERFORMANCE REQUIREMENTS.

Performance Objective PWS Paragraph /

Reference Performance Threshold

Method of Surveillance

Lodging and/or Transportation Costs

3.2 As Needed COR Verification

Activities Completed / Exonerations

4.1, 4.1.1 Twice Weekly, as Specified by

COR

COR Verification

Organizational (Potential) Conflicts of Interest Incidents

4.2 Per Occurrence COR Verification

9. ACRONYMS.

AMISOM AFRICAN UNION MISSION TO SOMALIA

CAAF CONTRACTORS AUTHORIZED TO ACCOMPANY THE FORCES

CJTF-HOA COMBINED JOINT TASK FORCE-HORN OF AFRICA

CLIN CONTRACT LINE ITEM

COR CONTRACTING OFFICER REPRESENTATIVE

DBA DEFENSE BASE ACT

FGS FEDERAL GOVERNMENT OF SOMALIA

FMS FEDERAL MEMBER STATES

ILR INTERAGENCY LANGUAGE ROUNDTABLE

MCC MILITARY COORDINATION CELL

MIA MOGADISHU INTERNATIONAL AIRPORT

OSC OFFICE OF SECURITY COOPERATION

PWS PERFORMANCE WORK STATEMENT

SNA SOMALI NATIONAL ARMY

USG UNITED STATES GOVERNMENT

52.212-1 ADDENDUM

52.212-1 ADDENDUM INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS JUL 2021

It is emphasized that this is solicitation is issued in accordance with the procedures of FAR Parts 13 and 13.106-2 b 3 , which are intended to streamline source selection and be minimally burdensome for both the Navy and the quoters interested in competing for this requirement. The procedures of FAR Part 15.3 do not apply to this source selection. While not an all-inclusive list, some examples of FAR 15.3 requirements that do not apply are the late is late rule, competitive range determinations, the FAR Part 15.3 rules for discussions, formal evaluations plans, and formal evaluation documentation. Any references in the solicitation to offer/offeror shall be deemed to mean quotation/quoter.

The following clause is tailored in accordance with FAR Part 12.302 d and replaces the foregoing clause, FAR 52.212-1, in its entirety:

Instructions to Offerors-Commercial Items, quotes shall also consist of the following:

1 TECHNICAL SPECIFICATION: Contractor shall submit a technical narrative limited to 10 pages of how the work will be accomplished and a description of the guarantee of the work offered as detailed within the Performance Work Statement and within this RFQ.

2 PRICING INFORMATION: The contractor shall submit a signed copy of the SF-1449 Solicitation/Contract/Order for Commercial Items, with blocks 17a, and 30a through 30c completed. All solicitation amendments must be acknowledged or signed and returned with the quote. The SF1449 should also contain pricing info for all Contract Line Item Number CLINs e.g. 0001, 0002, etc. .

QUESTIONS RESPONSE DATE AND TIME:

Questions to this RFQ are due by 04 APR2022 by 5:00 PM EAT and must be submitted electronically, in writing to the following Points of Contact:

LCDR Jessica Sanchez Email: jessica.l.sanchez63.mil@mail.mil

SFC Doug Huddy EMAIL: douglas.l.huddy.mil@mail.mil

QUOTE INSTRUCTIONS AND REQUIRMENTS:

Quotes in response to this RFQ are due to the above email addresses on the date and time specified in Block 8 of this RFQ. It is up to the Quoter to confirm their quote has been received by the Government.

ADDITIONAL IMPORTANT INFORMATION:

1. A quote will be accepted in the English language only. Any quote received in other than the English language will be rejected.

2. All quotes shall be in US Dollars Currency.

3. The Quoter agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of the Quote.

4. System for Award Management SAM . The Contractor shall be registered in the SAM database prior to the award of this contract. Further information and guidance regarding SAM can be found at the SAM website:

www.sam.gov.

5. Foreign Contractors NOT registered in SAM. The Contractor and all associated sub-contractor companies, must be vetted by the USAFRICOM Foreign Vendor Vetting (FVV) process. The Foreign Vendor Information Sheet will be issued with the solicitation and must be returned with the subsequent offer. Any offer received without a completed Foreign Vendor Information Sheet will not be considered for award.

6. Each quote should contain the contractor's best terms from a price and technical standpoint. It is the contractor’s responsibility to ensure that there are no discrepancies presented within the information contained in its quote. Potential quoters are hereby notified that in the event there are discrepancies within information in a quote will be rejected.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

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:

Factor 1: Technical Acceptability Factor 2: Price

THE AWARD WILL BE BASED ON LOWEST PRICE TECHNICALLY ACCEPTABLE.

1. Technical acceptability will be determined on a Acceptable/Unacceptable basis and will be evaluated based on the offeror’s submission of documents and technical requirements specified in the ADDENDUM to FAR 52.212-1 “Instruction to Offerors.”

Table A-1. Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal clearly meets the minimum Technical requirements of the solicitation.

Unacceptable

Proposal does not clearly meet the minimum technical requirements of the solicitation.

Only quotes receiving a rating of “Acceptable” will be further evaluated for the award.

2. Price: The Government will utilize price analysis methods to evaluate the price quote requested in the RFQ for price reasonableness. In determining whether a price is fair and reasonable, the Government may use competitive prices received, historical data, independent Government estimates in its price analysis, or any other technique permissible by FAR 12 and FAR 13.

(b) 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.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-APR-2022 TO

14-APR-2023

N/A CENTRAL RECEIVING POINT (CRP)

ZACHERY BROWN

MOGADISHU INTERNATIONAL AIRPORT

COMPOUND

MOGADISHU

DSN: 311.824.9583

FOB: Destination

N4919A

0002 POP 15-APR-2022 TO

14-APR-2023

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination N4919A

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

DEC 2021

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 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

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.225-7980 (Dev) Contractor Personnel Performing in the United States Africa

Command Area of Responsibility. (DEVIATION 2016- O0008)

JUN 2016

252.225-7981 Additional Access to Contractor and Subcontractor Records (Other Than USCENTCOM) (Deviation 2015-O0016) (Sept 2015)

SEP 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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.

52.204-26 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.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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

COMMERCIAL SERVICES (NOV 2021)

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. 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 the field of operation in which it is bidding on Government contracts, 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 the stock of which 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 its stock is owned by one or more women; or

(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.

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

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

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

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

Any changes provided…