N6945021P0011.pdf

PDF 705 KB Posted Feb 5, 2021

Attached to: B1585 & B305 REMOVE AND REPLACE BATHTUB LINER Federal contract opportunity
Solicitation number: N6945021Q0011
Issued by: Department of the Navy Naval Facilities Engineering Command

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6 . ISSUE D BY COD E

N6945021P0011

1 . CO N TRA CT/P U RCH . O RD E R/

A G RE E M E N T N O .

N 69450

2 . D E L IVE RY O RD E R/ CA L L N O .

34P A GE 1 O F

5 . P RIO RITY

DO-C2

COD E

8 . DE L IVE RY FOB

DE ST IN AT IONX

OT HE R

(See Sch edule if o t h er)

OR D ER FOR SUPPLIES OR SER VICES

3 . D A TE O F O RD E R/CA L L

2021 Feb 04

4 . RE Q ./ P U RCH . RE Q U E ST N O .

ACQR 5834686

SEE IT EM 6

N AVF AC EN GIN EER IN G SY STEMS C OMMAN D SE

PW D MAY POR T

BLD G 1966, PO BOX 280073

MAY POR T F L 32228-0073

7 . ADM IN IST E RED BY (if o th er th an 6 )

( YYYYM M M D D )

1 0 . D E L IVE R TO FO B P O IN T BY (D ate)

( YYYYM M M D D )

PLU MBIN G SH OP, IN C . , TH E

QU IC K AC TION MAN AGEMEN T GR OU P

1121 F LAMIN GO D R

AU STELL GA 30168-6109

CO DE 6JW629 . CONT RACT O R FACILIT Y

SEE SCHEDULE

1 2 . D ISCO U N T TE RM S

M A RK IF BU SIN E SS IS1 1 .

SM A L L

D ISA D VA N TA G E D

X W O M E N -O W N E D

1 3 . M AIL INVOICES T O T HE A DDRE SS IN BL OCK

See Item 15

25 . T OT A L $79,233.81

PW D MAY POR T

IN SPEC TOR OF R EC OR D

PO BOX 280073, BLD G 1966

BON H OMME R IC H AR D ST

MAY POR T F L 32228-0073

1 7 . A CCOUN T IN G AN D AP P RO P RIAT ION D AT A/ L OCA L USE

COD E

1 8 . IT E M NO. 1 9 . SCHE DU LE OF SU P P L IE S/ SE RVICES

* If q u a n t i ty a ccep ted b y th e G o vern m en t i s s a m e a s q u a n t i t y a ccep ted b elo w q u a n t i ty o r d ered a n d en ci rcl e.

DEL IVERY/16 .

1 4 . SHIP T O

Se e Sche dule

N 46134 N 68732

MAR K ALL

P AC KA G ES AN D

P AP ERS W ITH

IDENTIFIC ATIO N

NU MB ERS IN

B LO C KS 1 AN D 2 .

2 3 . A M OUN T

15 . P A YM E NT W IL L BE M A DE BY CODE

D EF EN SE F IN AN C E & AC C OU N TIN G SER VIC E

PO BOX 998022

C LEVELAN D OH 44199

Th i s d el iv ery o rd er/cal l i s i s su ed o n an o th er G o v ern men t ag en cy o r in acco rd an ce w i th an d su b j ect to t erms an d co n d i t io n s o f ab o v e n u mb ered co n t ract .

T YP E CAL L

OF P U RCHASE X

ORD E R

SEE SCHEDULE

24. UNITED STATES OF AMERICA

TEL: 904-270-3168

EMAIL: brian.souter@navy.mil

CONTRACTING / ORDERING OFFICER

q u a n t i t y o rd er ed , in d ica t e b y X . If d i f fer en t , en ter a ctu a l

BY: Brian J. Souter

1If t h is bo x is m ark ed, sup p lier m ust sign Accep t ance an d ret urn t h e fo llo wing n um ber o f co p ies:X

NA M E OF CONT RACT OR SIGN AT URE T YP E D NAM E A ND T IT L E

( YYYYM M M D D )

DA T E SIGNED

ACCE P T ANCE . T HE CO NT RACT O R HE RE BY A CCE P T S T H E OFFE R RE P RE SE N T E D BY T H E NUM BE RE D P URCH ASE ORD E R AS IT M AY P RE VIOU SL Y H AVE BE E N OR IS NOW M O DIFIE D , SUBJE CT T O A LL OF T H E T E RM S

AN D CON DIT ION S SET FORT H , A ND A GREE S T O P E RFORM T HE SA M E .

Referen ce y o u r q u o te d at ed

Fu rn ish t h e fo l lo w in g o n terms sp ecifi ed h erein . REF :

2 0 . QU ANT IT Y

ORD E RE D/

ACCEP T E D*

2 1 . U NIT 2 2 . U NIT P RICE

D IFFE RE N CE S

26 .

IN SP ECT E D RE CEIVE D ACCE P T E D, AN D CO NFORM S T O T H E

CON T RACT E XCE P T AS NOT E D

2 7 a. QUA NT IT Y IN COL U M N 2 0 H AS BEE N

( YYYYM M M D D )

c. DA T E d. P RINT E D NAM E A ND T IT L E O F A UT H ORIZ E D

GOVE RNM E N T RE P RE SE NT AT IVE

b. SIGNAT URE O F A UT HORIZE D GOVE RNM E N T RE P RE SE NT AT IVE

e. M AIL ING AD DRESS O F A UT H ORIZ E D GOVERN M E NT RE P RE SE N T AT IVE

36. I ce r tify th is account is corr e ct and pr ope r for paym e nt.

g. E -M AIL ADD RE SSf. T E LE P H ONE N UM BE R

a. DA T E

( YYYYM M M D D )

b. SIGNAT URE AN D T IT L E OF CE RT IFYING O FFICE R

2 8 . SHIP NO . 2 9 . DO VO UCH E R NO. 30 .

IN IT IA L S

3 2 . P A ID BY 33 . AM OU NT VE RIFIE D

CORRE CT FOR

35 . BIL L OF L ADING NO.

34 . CH E CK NU M BER

3 7 . RE CE IVE D AT 3 8 . RE CE IVE D BY

( YYYYM M M D D )

3 1 . P A YM E NT

COM P LE T E

P ART IAL

FINA L

P ART IAL

FINA L

DD Form 1155, DEC 2001 P RE VIOUS E DIT ION IS OBSOL E T E.

3 9 . DAT E RE CE IVE D 4 0 . T O T AL

CON T AINE RS

4 1 . S/R A CCOU NT NO. 4 2 . S/R VO UCHE R N O.

AD D R ESS

AN D

N AME

Section SF 30 - Block 14 Continuation Page (SF 30)

SUMMARY OF CHANGES

1.The purpose of this amendment is to correct the Quotation due date from 24 December 2020 to 16 December 2020 3:00 PM EST.

2. The SiteVisit Attendance Log has been attached to the atachements list.

3. The following clause additions:

a. Add FAR 52.232-18 Availability of Funds (1984).

4.Offerors must acknowledge receipt of this amendment in offers submitted.

5. All other terms and conditions of this RFQ remain unchanged.

SUMMARY OF CHANGES

1.The purpose of this amendment is to incorporate Pre-Proposal Inquiries (PPI) from the site visit which was held on 7 December 2020.

2. The following Request for Quotation (RFQ) Section 00 10 00 - Solicitation has been updated as a result of the Government’s responses to submitted PPI’s:

a. Attachments:

i. Added N6945021Q0002 PPI Govt Responses Amend 0002.pdf

ii. Update Attachment 5 B1585 3rd Floorplan.pdf

3. The quotation due date has not been extended as a result of this amendment.

4. Offerors must acknowledge receipt of this amendment in offers submitted.

5. All other terms and conditions remain unchanged.

(End of Summary of Changes)

CLAUSES INCORPORATED BY FULL TEXT

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each $79,233.81 $79,233.81

B1585 AND B305 REMOVE AND REPLACE BATHT

FFP

IAW SOW

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR5834686

PSC CD: Z2AZ

NET AMT $79,233.81

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

000101 $0.00

FUND ACRN AA

FFP

Funding Doc. No. N6020121PR041TT Customer ACRN: AA

MILSTRIP: N6020121PR041TT

NET AMT $0.00

ACRN AA

CIN: 000000000000000000000000000000

$79,233.81

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 03-JUN-2021 1 PWD MAYPORT

INSPECTOR OF RECORD

PO BOX 280073, BLDG 1966

BON HOMME RICHARD ST

MAYPORT FL 32228-0073

904-270-6716 FOB: Destination

N46134

000101 N/A N/A N/A N/A

ACCOUNTING AND APPROPRIATION DATA

AA: 1711804 52FA 254 00520 056521 2D STPFCH

COST CODE: 20121PR041TT

AMOUNT: $79,233.81

ACRN CLIN/SLIN CIN AMOUNT

AA 000101 000000000000000000000000000000 $79,233.81

INSTRUCTION TO OFFERORS

INSTRUCTIONS TO OFFERORS

I. INTRODUCTION

A. GENERAL INFORMATION

This acquisition will be restricted to Women-Owned Small Business (WOSB) concerns with NAICS code 236220, Size Standard $39.5M.

B. SITE VISIT

FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995):

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors are urged and expected to inspect the site where work will be performed.

(b) An organized site visit has been scheduled for – 7 December 2020, 09:00 AM (Local).

(c) Participants will meet at – Bldg 1585 Outside only 2 people per contractor Location provided by the contracting officer following the mandatory submission of a list of individuals attending the Site Visit including the individual’s name, company name and contact phone number to the following:Brian.Souter at brian.souter@navy.mil, no later than 12:00 P.M. (Local) 4 December 2020.

The day of the conference you are required to stop at the Pass & ID Office, before the Entry Gate prior to admittance. Participants should arrive at the Pass & ID Office early as it may take time to process vehicle passes and contractor badges. Ensure you have your Driver’s License, Current Car Registration or Rental Car Agreement, and Proof of Insurance.

Participants must have two (2) forms of identification; both issued by a State or Government entity, which one containing a photo.

C. PRE PROPOSAL INQUIRIES (PPIs) All inquiries concerning the technical aspects of Scope of Work must be submitted in writing, and must be receivedby the contracting officer 14 calendar days prior to quotation due date in order to permit adequate time to reply to theinquiry. The use of the Pre-Proposal Inquiry (PPI) Form (Attachment) to submit your inquires is encouraged.

Please submit all questions in writing to: brian.souter@navy.mil, no later than 3:00 P.M. (Local) 10 December 10 2020.

II. QUOTATION SUBMITTAL INSTRUCTIONS

Quotation Due Date: 3:00 P.M. (ET) on 24 December 2020 Quotations not received by the time and date specified shall be treated in accordance with FAR 52.215-1“Instruction to Offerors-Competitive Acquisitions” and may be rejected. The offeror’s quotation must include alldata and information required and must be submitted in accordance with these instructions. The offeror shall becompliant with the requirements stated herein, for non-compliance may result in your quotation being rejected as non-responsive. In response to this Request for Quotation (RFQ), the complete quotation shall include the Price Quotation, submitted as follows:

A. QUOTATION

The offeror’s Price Quotation shall be submitted via email to brian.souter@navy.mil. The subject line shall contain the following: RFQ N6945021Q0002Bathtub Liner, NS Mayport.

The price shall be available for 60 days after the quotation due date. Offeror’s shall fill out blocks 13, 14, 15 and 16 of the Standard Form 18 and fill in the total price for Item #0001. The offer shall also include the following information with their price quotation:

Authorized Point of Contact (POC) Name POC Telephone Number POC Email Address CAGE Code DUNS Number TIN (Taxpayer ID Number)

As part of responsibility determination, offerors shall submit the following:

1. Previous three years and current Financial Statements and data (DUNS and Bradstreet report is anacceptable substitute)

2. Statement on Letterhead from your financial/banking institution describing:

- Recent Financial History

- Current Deposits

- Outstanding Loans (if any)

- Line of Credit

3. Annual Letter from SBA which states your company's financials and your firm is still eligible in the

SBA

4. Past Performance for similar projects.

5. Have an office within a 75mile radius of NS Mayport FL.

III. PROJECT INFORMATION

1. This acquisition will result in the award of a Firm-Fixed Price contract.

2. The schedule of supplies and services includes Line Item Number 0001.

3. The contract completion schedule for this project is a total of 120 calendar days from Notice to Proceed.

4. The project magnitude and liquidated damages for each line item is as follows:

Line Item # 0001 Bathtub Liner Project Magnitude: $25,000 to $100,000 Liquidated damages: $250 per calendar day of delay

IV. EVALUATION OF QUOTATIONS

The Government will award a contract resulting from this solicitation to the responsible contractor whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following criteria shall be used to evaluate quotes: Price Quotations will be evaluated as follows:

A. PRICE

The contractor’s total price will be evaluated on the basis of price reasonableness in accordance with FAR Subpart13.106-3. Contractors responding to this solicitation are advised, that prior to award, the government may request contractors to submit additional information/data to support price reasonableness. Failure to submit the requested information may result in disqualification of the submitted quote.

B. BASIS FOR AWARD:

The Government will award a contract using simplified acquisition procedures of FAR Subpart 13.1 to the offerorwhose quotation, conforming to the solicitation, offers the lowers price and is determined responsible under FAR Subpart 9.1, inclusive of past performance. The Government may make an award based on whether the lowest priced of the quotations or offers having the highest past performance rating possible represents the best value when compared to any lower priced quotation or offer. The Government reserves the right to not award a contract if contract award is not in the best interest of the Government.

ATTACHMENTS

List of Documents, Exhibits, and other Attachments for this requirement which are posted on the beta.SAM.gov website at https://beta.sam.gov/.

The documents are posted as individual file names as indicated below:

• Statement of Work (SOW): Provided as N6945021Q0002 _ SOW

• Attachment 1 – Project Location Map

• Attachment 2 – Dig Permit Process (NAVSTAMYPTINST 4720.1)

• Attachment 3 – Construction Laydown Area Process

• Attachment 4 – B1585 As-Built Drawings

• Attachment 5 – B1585 third level Floorplan

• Attachment 6 – Site Photos

• Wage Determinations: Provided as FL20200202 09/04/2020 pdf

• Pre-Proposal Inquiry Form (PPI): N6945021Q0002_PPI.xls

WAGE DETERMINATIONS

The Wage Determination applicable to this requirement is Construction Wage Rate FL20200202 for building type construction in Duval County, Florida. The most recent version of the wage determination will be incorporated into the contract award. At the time of Request for Quotation (RFQ) issuance, the most recent version is FL20200202 dated 04 September2020 and is provided as attachment: FL20200202 09/04/2020

Section 00 45 00 - Representations and Certifications

REPRESENTATIONS CERTIFICATIONS

Offeror’s must be registered in the System for Award Management (SAM) in order to be awarded a Department of Defense (DoD) contract. Offerors must also have a current Online Representations and Certification Application onfile with SAM. If you need to register in SAM, please do so using the following link: https://www.sam.gov/sam.

Section 00 70 00 - Conditions of the Contract

AUTHORITY

1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

(a) An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

(b) A purported modification or change order issued by anyone other than the Contracting Officer;

(c) A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or(d) An order, direction, consent, or permission from anyone other than the Contracting Officer to:(i) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling;

or (ii) Expend hours in excess of a specified level of effort.

(End of NAVFAC language)

PAYMENT INSTRUCTIONS

Payment instructions provided at the following link:

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 000101 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements AUG 1996 52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

AUG 2012

52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than

Commercial Items).

JUN 2016

52.219-28 Post-Award Small Business Program Rerepresentation APR 2012 52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-

Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program

MAR 2020

52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-6 Davis Bacon Act JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.222-26 Equal Opportunity APR 2015 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons FEB 2009 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.228-11 Pledges Of Assets JAN 2012 52.228-13 Alternative Payment Protections JUL 2000 52.228-14 Irrevocable Letter of Credit DEC 1999 52.232-23 Assignment Of Claims JAN 1986 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items JAN 2017 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.247-6 Financial Statement APR 1984 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-1 Alt I Termination for Convenience of the Government (Fixed-price) (Short Form) (Apr 1984) - Alternate I

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984 52.249-10 Alt I Default (Fixed-Price Construction) (Apr 1984) Alternate I APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

DEC 2015

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

DEC 2015

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2012)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225- 1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

(i) 52.219-22, Small Disadvantaged Business Status.

(A) Basic.

(B) Alternate I.

(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

(iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov.

After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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

(End of provision)

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

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

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

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

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

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

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 Items. 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.

(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--

(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);

(ii) For covered services--

(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.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

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

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

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

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

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

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

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

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

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

(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. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

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

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

(d) Reporting requirement.

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

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

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

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

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

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…

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