RFP - 23QB065 Packing and Crating Services.pdf

DEPARTMENT OF THE AIR FORCE

20th FIGHTER WING (ACC)

SHAW AIR FORCE BASE SOUTH CAROLINA

Request for Quotation, FA480323QB065

20 CONS / PKA

321 Cullen Street Attn: Shaunannette Watson Shaw AFB, SC 29152-2610

Phone: (803) 895-9893 E-Mail Address:

shaunannette.watson@us.af.mil

5 December 2023

This is a Request for Quotation for commercial items/services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation document will not be issued. The solicitation will be evaluated and awarded per the prescribed procedures of FAR Part 13.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-05; DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice (DPN) 20230817, and Air Force Acquisition Circular (AFAC) 20230508.

This solicitation has been set aside for 100% Small Business under the NAICS Code of 488991, with a small business size standard of $34,000,000.00.

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. Funds will be applied to individual orders. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

Key Information

Questions Cutoff Date 11 December 2023 Quote Due Date 22 December 2023 Set-Aside 100% Small Business

Victory By Valor mailto:shaunannette.watson@us.af.mil

The 20th Contracting Squadron of Shaw AFB, SC invites you to submit a quotation on the following services.

CLIN Description Quantity Unit of

Issue Unit Price Extended Price

0001 Outbound (Schedule I) Area 38

Pricing to be Added on Attachment 2 Schedule I

1 Lot $ $

Inbound (Schedule II) Area 38

Pricing to be Added on Attachment 2 Schedule II

1 Lot $ $

Intra-City Area (Schedule III) Area 38

Pricing to be Added on Attachment 2 Schedule III

Lot $ $

0004 Outbound (Schedule I) Area 39

Pricing to be Added on Attachment 2 Schedule I

Lot $ $

0005 Inbound (Schedule II) Area 39

Pricing to be Added on Attachment 2 Schedule II

1 Lot $ $

0006 Intra City Area (Schedule III) Area 39

Pricing to be Added on Attachment 2 Schedule III

1 Lot $ $

Option Year 1

Outbound (Schedule I) Area 38

1 Lot $ $

Pricing to be Added on Attachment 2 Schedule I

1002 Option Year 1 Inbound (Schedule II) Area 38

Pricing to be Added on Attachment 2 Schedule II

1 Lot $ $

1003 Option Year 1

Intra-City Area (Schedule III) Area 38

Pricing to be Added on Attachment 2 Schedule III

1 Lot $ $

Option Year 1

Outbound (Schedule I) Area 39

Pricing to be Added on Attachment 2 Schedule I

1 Lot $ $

Option Year 1

Inbound (Schedule II) Area 39

Pricing to be Added on Attachment 2 Schedule II

1 Lot $ $

Option Year 1

Intra-City Area (Schedule III) Area 39

Pricing to be Added on Attachment 2 Schedule III

1 Lot $ $

Option Year 2

Outbound (Schedule I) Area 38

Pricing to be Added on

1 Lot $ $

Option Year 2

Inbound (Schedule II) Area 38

Attachment 2 Schedule II

Lot

Intra-City Area (Schedule III) Area 38

Attachment 2 Schedule III

Outbound (Schedule I) Area 39

Inbound (Schedule II) Area 39

Intra-City Area (Schedule III) Area 39

3001 Option Year 3

Outbound (Schedule I) Area 38

Clause 52.217-8 Exercise Option to extend for six (6) months.

3002 Option Year 3

Inbound (Schedule II) Area 38

Clause 52.217-8 Exercise Option to extend for six (6) months.

3003 Option Year 3

Intra-City Area (Schedule III) Area 38

Clause 52.217-8 Exercise Option to extend for six (6) months.

3004 Option Year 3

Outbound (Schedule I) Area 39

Clause 52.217-8 Exercise Option to extend for six (6) months.

3005 Option Year 3

Inbound (Schedule II) Area 39

Clause 52.217-8 Exercise Option to extend for six (6) months.

3006 Option Year 3

Intra-City Area (Schedule III) Area 39

Clause 52.217-8 Exercise Option to extend for six (6) months.

NOTE: (a) The Government will consider all areas of performance described in paragraph (b) as including the Contractor's facility, regardless of geographical location. The Contractor shall perform services within the following defined areas of performance, which include terminals identified therein:

- Zone 38 (South Carolina counties of Chesterfield, Clarendon, Darlington, Kershaw, Lancaster, Lee, Marlboro and Sumter)

- Zone 39 (South Carolina counties of Dillon, Florence, Georgetown, Horry, Marion and Williamsburg)

Provisions 52.212-1, Instructions to Offerors – Commercial and 52.212-2, Evaluation -- Commercial Items, apply to this acquisition along with any listed addenda to these provisions.

Clause 52.212-4, Contract Terms and Conditions -- Commercial Items applies to this acquisition along with any listed addenda to the clause.

Clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items applies to this acquisition along with any additional clauses cited within this clause.

52.212-1 Instructions to Offerors-Commercial Items (March 2023) – Addendum

Note: This section is for solicitation purposes ONLY. This section will be physically removed from any resultant award but will be deemed incorporated by reference.

Proposal Preparation Instructions:

A. To assure timely and equitable evaluation of the proposal, each offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient and respond directly to the requirements of this solicitation. Required Contract Documents/Price. The offeror’s proposal shall include a signed copy of all amendments that may be issued. The proposal shall consist of three (3) separate parts:

Part I – Price Part II – Technical Part III – Past Performance

B. The Contracting Officer (CO) has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the CO will review this determination and if, in the CO’s opinion, adequate price competition exists, no additional cost information will be requested. However, if at any time during this competition the CO determines that adequate price competition no longer exists, offerors may be required to submit information other than cost or pricing data to support a determination of price reasonableness. C. Specific Instructions:

Part I – Price Proposal:

a) Insert the proposed unit and extended pricing in the Pricing Schedule. The proposed pricing must be for a base period, plus all two option years. Also, both the CLINs prices and the Bid Schedule Attachment 2 must be completed and returned with each proposal. Note: Unit prices will prevail in case of error and all unit and extended prices must be rounded to the whole cent.

b) Price and any discount terms: The offeror shall insert proposed unit and extended prices in Attachment 2, Bid Schedule, Word Document and return with proposal. Proposed unit and extended prices do need to be entered into Schedule B (CLIN Structure) of the solicitation, a lump sum cost per CLIN is only needed.

c) The offeror shall submit the completed proposal, all other documents identified within this Addendum and attachments for submission with the proposal, and all amendments and representations and certifications electronically to:

20 CONS/PKA

Attn: Ms. Shaunannette Watson / SSgt Jason Hibbs Shaunannette.watson@us.af.mil / jason.hibbs@us.af.mil Subject: FA480323QB065 Packing and Crating Services

d) All questions regarding this solicitation must be submitted in writing via email to the Contract Specialist, Shaunannette Watson, at shaunannette.watson@us.af.mil and the Contracting Officer, Jason Hibbs at jason.hibbs@us.af.mil, no later than 2:00 P.M. EDT on 11 December 2023.

e) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm until 29 February 2024.

Part II – Technical: The technical part of the proposal shall address the offeror’s ability to meet the requirement set forth in this solicitation. Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective quote are not desired and may be construed as an indication of the offeror’s lack of understanding or cost consciousness. The material shall contain all the pertinent information necessary to permit evaluation of the proposal. The technical portion of the proposal shall contain no pricing information. The Government will evaluate the technical proposal and assign a rating of acceptable or unacceptable. Note: The Technical part of the proposal shall not mailto:Shaunannette.watson@us.af.mil mailto:jason.hibbs@us.af.mil exceed ten (10) pages. The following documents must be submitted with each proposal to be rated technically acceptable.

• Factor 1: Quality Control Approach: The Offeror shall provide a preliminary Quality Control Approach that addresses all of the Service Summary items as specified in the Performance Work Statement (PWS). Note: the final Quality Control Plan shall be submitted to the Contracting Officer within ten (10) calendar days of contract award.

• Factor 2: Technical Capability: Does the offeror have at least five (5) years of management experience in the Packing, Containerization and Local Drayage industry? If yes, the offeror shall submit a listing of the types of management experiences, to include the number of years of experience.

Part III – Past Performance: Only references for same or similar type contracts are desired. Submit original and one (1) copy if written, if electronically submitted, only original is required.

a) Quality and Satisfaction Rating for Contracts Completed in the Past Three Years: Provide information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.

b) Past Performance Surveys: The Government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of this solicitation. The Government will use information submitted by the offeror and other sources such as other Federal Government offices and commercial sources, to assess performance. Provide a list of no more than three (3), of the most relevant contracts performed for Federal agencies and commercial customers within the last three (3) years. Relevant contracts to include Packing, Containerization and Local Drayage that meet the requirements of this solicitation. Furnish the following information for each contract referenced:

1. Company/Division name

2. Service

3. Contracting Agency/Customer

4. Contract Number and Contract Type (e.g. firm fixed price, time & material, etc.)

5. Contract Dollar Value (Initial, final and an explanation of the difference)

6. Period of Performance

7. Verified, up-to-date name, address, FAX and telephone number of the contracting officer

8. Contracting Officers Representative’s name, address, telephone & Fax numbers

9. Brief summary of the requirements

10. Comments regarding compliance with contract terms and conditions

11. Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

c) If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past/present performance information on previous teaming arrangements with same partner. If this is a first-time joint effort, each party to the arrangement must provide a list of past and present relevant contracts.

d) Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

e) The Government may evaluate Offerors’ financial history as part of past performance which may include past payments to employees, suppliers and/or subcontractors.

f) Documents submitted in response to this solicitation must be fully responsive to and consistent with the requirements of the solicitation and Performance Work Statement (PWS), and Government standards and regulations pertaining to the PWS.

g) Past Performance Questionnaire – One of the integral considerations in proposal evaluations is the verification of the offeror’s past performance which reflect the offeror’s ability to perform on the proposed effort. We depend upon information received from agencies that have firsthand experience with the offeror to assist the Government with the past performance evaluation.

1. The Government has provided a Past Performance Questionnaire (See Attachment 12) to aid the prospective offerors with obtaining past performance information. Offeror should make copies of this questionnaire and forward to agencies with which they have had relevant and recent contracts. The customer filling out the questionnaire must have Packing, Containerization and Local Drayage of Direct Procurement Method (DPM) Personal Property Shipmen or similar services provided by responding offeror within the last three (3) years.

2. The Past Performance Questionnaire attached provides information for your customers on how to fill out the questionnaire, when and where to submit, and explains the evaluation codes used in performance evaluation. These questionnaires must be received by the 20th Contracting Squadron point-of-contact on the date designated as this allows the evaluators to have all performance information at the same time the proposals are submitted for review.

3. Offerors need to make their customers aware of these deadlines as Past Performance Questionnaires received after the due date will not be considered for evaluation.

d. Deliverables:

a) The offeror shall provide proof of the following Insurance. Submit Copies of Proof of Insurance - in accordance with FAR clause at 52.228-5, Insurance -- Work on a Government Installation, insurance is required to be included in a fixed-price contract by 28.310, the coverage specified in 28.307 is the minimum insurance required and shall be included in the contract Schedule or elsewhere in the contract. Proof of insurance shall be required for an acceptance of offer. The Government provides the attached Notification of Compliance with Contract Insurance Requirements (See Attachment 11) as referenced by AFFARS 5328.310(a)(S-90) to aid the prospective offerors. The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in FAR paragraph 28.307-2(a), (b), and (c). The following coverage is required and needs to be provided in proposal:

Workers Compensation and Employers Liability: $100,000.00 General Liability: $500,000.00 per occurrence Automobile Liability: $200,000 per person $500,000 per occurrence and $20,000.00 per occurrence for property damage

b) Factor 3: Proof of current Storage Management Office (SMO) certification. Note: The SMO certification must remain current throughout the period of performance of the contract. For further information contact the SMO Office at (618) 220-6292 or usarmy.scott.sddc.mbx.pp-smo@mail.mil.

c) Factor 4: Certification of cargo insurance reflecting the coverage (on a continuous basis) in at least the amounts shown in the chart below to cover legal liability at the time of proposal submission. The certificate shall contain the statement the insurance company will provide the designated Contracting Officer a 30-day written notice of any changes, expiration or cancellation of said policy. The certificate shall be prepared with the original signatures and included with the offeror’s proposal submission.

The following is the minimum cargo liability coverage required:

Type of Cargo Amount Per Aggregate Loss /

Amount Per Shipment Damages at Any One Place and Time

Domestic $75,000 $150,000 International $75,000 $150,000

(End of Provision)

Addendum 52.212-2 Evaluation-Commercial Items (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. Award will be made on the basis of the total lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

Technical and Past Performance when combined are equal to price. The following factors shall be used to evaluate offers in accordance with FAR Parts 12 and 13. The following factors shall be used to evaluate offers:

1. Price

2. Technical Acceptability

3. Past Performance (Acceptable, Unacceptable, or Unknown, which equals Acceptable)

*Technical Acceptability is achieved when offeror provides proof that the offeror meets the minimum standards of the requested requirement identified in CLIN 0001 through CLIN 2006 above.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement, to include the possibility to extend services. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Note: Evaluation of options shall not obligate the Government to exercise the option(s). The Government will make the determination that an offer is unacceptable if the prices are significantly unbalanced. In accordance with (IAW) FAR 52.217- 8, Option to Extend Services, offerors prices shall be evaluated by adding six (6) months of service utilizing the pricing of the final option year. Note: The final option year shall be Option Year two (2).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of clause)

ADDENDUM TO FAR 52.212-2

This is an Addendum to 52.212-2 EVALUATION--COMMERCIAL ITEMS (NOV 2021)

1. BASIS FOR AWARD: This is a lowest price technically acceptable (LPTA) source selection process in which the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. All technically acceptable offers shall be treated equally except for their prices and past performance. Failure to meet any technical factors may result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Only the solicitation packages of responsive offerors whose proposal contains all parts and requirements shall be evaluated. The following shall be used to evaluate each offer:

2. Evaluation criteria: Evaluation criteria consists of factors and sub-factors. Each proposal will be evaluated against three evaluation criteria: Price, Technical and Past Performance.

A. Factor 1 - Price.

• The Government shall rank all technically acceptable offers by price, including option prices.

An offeror’s proposed prices will be determined by multiplying the quantities by the proposed unit price for each Contract Line Item Number (CLIN) or Sub Contract Line Item Number (SubCLIN) to confirm the extended amount for each. Copies of the Pricing Schedule will be necessary in order to submit a proposal for each Option Year. Price will be evaluated in order to determine if it is fair, reasonable and balanced. In instances where an Offeror receives an acceptable technical rating, yet the offeror’s proposed prices appear exceptionally low, offerors may be requested to address this disparity, providing evidence of their capability and / or experience providing similar service(s) at similar price(s). An example of an unrealistically low proposed price would be proposed price that were so low that the Government could not make a reasonable determination that an Offeror could successfully attract, hire and retain qualified personnel for the labor force proposed. An exceptionally or unrealistically low offer may pose an unacceptable risk to the Government and may be grounds for eliminating a proposal from the competition.

• Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The total evaluated price will consist of the sum of all Contract Line Item Numbers (CLINs) for the base year and option years, plus 50% of the last option year (four) per FAR Clause 52.217-8 Option to Extend Services. Note: Offerors shall not include a price for the Option to Extend Services.

Note: Note: Evaluation of options shall not obligate the Government to exercise the option(s)

B. Factor 2 - Technical. Initially, the Government’s Technical Evaluation Team shall evaluate each offeror’s technical information and assign ratings of acceptable or unacceptable. Each proposal shall be evaluated against the following subfactors:

• Subfactor 1: Quality Control Approach: The Offeror shall provide a preliminary Quality Control

Approach that addresses all of the Service Summary items as specified in the Performance Work Statement (PWS). Note: the final Quality Control Plan shall be submitted to the Contracting Officer within ten (10) calendar days of contract award.

• Subfactor 2: Technical Capability: Does the offeror have at least five (5) years of management experience in the Packing, Containerization and Local Drayage industry? If yes, the offeror shall submit a listing of the types of management experiences, to include the number of years of experience.

Note: The overall technical acceptability will be rated at the subfactor level, with each subfactor being assigned a rating of acceptable or unacceptable. The offeror’s proposal must be rated acceptable in all Technical subfactors to receive an overall rating of acceptable in order to be eligible for the award.

Technical Ratings Rating Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not mee the requirements of the solicitations.

C. Factor 3 - Past Performance. The Government will evaluate the quality and extent of each offeror’s performance deemed relevant to the requirements of this solicitation. The Government will use information submitted by the offeror and other sources such as other Federal Government offices and commercial sources, to assess past performance. The Government will evaluate the list of past performance information submitted by each offeror – no more than three (3) – of the most relevant contracts performed for Federal agencies and commercial customers within the last five (5) years that meet the requirements of this solicitation.

In addition, the Government will evaluate up to three (3) past performance questionnaires, with each proposal submitted for past performances in the past five (5) years. The purpose of the past performance evaluation is to allow the Government to assess the offeror’s ability to perform the effort described in the solicitation, based on the offeror’s demonstrated present and past performance.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability / unacceptability, unknown shall be considered acceptable. Past Performance will be rated on an acceptable or unacceptable basis using the following ratings. The offer’s proposal must be rated acceptable in order to be eligible for award.

Past Performance Evaluation Ratings Rating Acceptable Based on the offeror’s performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the

Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence (Acceptable)

No recent/relevant performance record is available, or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

D. Factor 4 - Deliverables. In addition to the three (3) evaluation factors as referenced above (Price, Technical and Past Performance) each offeror’s proposal shall contain the following to be considered responsive:

• Signed copies of all amendments issue to this solicitation (as applicable).

• Proof of Insurance in accordance with FAR clause 52.228-5 and the coverages specified within.

• Proof of current Regional Storage Management Office (RSMO) Certification.

• Proof of Certification of cargo insurance. 3. 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. 4. The Government intends to award a contract without discussions with respective offerors. The Government, however, reserves the right to conduct discussions, if deemed in its best interest.

4. The Government intends to award a contract without discussions with respective offerors. The Government, however, reserves the right to conduct discussions, if deemed in its best interest.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Solicitation Provisions and Clauses Incorporated by Reference

52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.204-22 Alternative Line-Item Proposal 52.204-26 Covered Telecommunications Equipment or Services Representation 52.211-6 Brand Name or Equal 52.211-7 Alternatives to Government-Unique Standards 52.212-3 Offeror Representations and Certifications -- Commercial Items 52.212-4 Contract Terms and Conditions – Commercial Items 52.219-1 Alternate I, Small Business Program Representations 52.222-22 Previous Contracts and Compliance Reports 52.222-25 Affirmative Action Compliance 52.223-5 Pollution Prevention and Right-to-Know Information 52.225-18 Place of Manufacture 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or 52.232-1 Payments 52.232-8 Discounts for Prompt Payment 52.232-11 Extras 52.232-18 Availability of Funds 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-1 Disputes 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.237-1 Site Visit 52.237-2 Protection of Government Buildings, Equipment, and Vegetation 52.253-1 Computer Generated Forms 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.204-7003 Control of Government Personnel Work Product 252.204-7004 Alternate A, System for Award Management 252.232-7003 Electronic Submission of Payment Requests Wide Area Workflow Instructions 252.232-7010 Levies on Contract Payments 252.243-7001 Pricing of Contract Modifications

Provisions and 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 or 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".

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

(d) Representation. 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) (1) Representation. 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.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27

X (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

X (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

(11) [Reserved].

(12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

(13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

(14) [Reserved]

X (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-6.

(16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

X (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022)

( 15 U.S.C. 637(d)(2) and (3)).

(18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Jun 2020) of 52.219-9.

(v) Alternate IV (Sep 2021) of 52.219-9.

X (19) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

(20) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

(21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

(23) (i) 52.219-28, Post Award Small Business Program Representation (Mar 2023)( 15 U.S.C. 632(a)(2)).

https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

(ii) Alternate I (Mar 2020) of 52.219-28.

(24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

(25) 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 (Oct 2022) ( 15 U.S.C. 637(m)).

(26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

(27) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

X (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

X (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

X (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(ii) Alternate I (Jul 2014) of 52.222-35.

(33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

(ii) Alternate I (Jul 2014) of 52.222-36.

X (34) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

X (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

X (37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(38) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33…