RFP Details - RUPS Systems.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation: quotes are being requested and a written solicitation shall not be issued. The solicitation number is 70US0923Q70092280 and is issued as a Request for Proposal (RFP) for Rotary Maintenance and Preventative Services. The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2023-01 effective December 1, 2022. This solicitation is unrestricted (full and open) and the associated North American Industry Classification System (NAICS) code 423810. The anticipated Period of Performance is February 1, 2023, to January 31, 2028. The Government intends to award a competitive Firm Fixed Price five-year (base plus four) contract from this solicitation.

FAR 52.212-1 Instructions to Offerors - Commercial Items. (NOV 2021) is applicable to this solicitation.

FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021) and the specific evaluation criteria listed below.

The Government will award a 5-year (base + 4) contract from this solicitation to the most responsible offeror whose offer conforms to the solicitation. The offeror must be the most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) technical approach (ii) Schedule; (iii) Price.

1. EVALUATION FACTORS

a. Factor Identification – This evaluator will evaluate the proposals received in response to the Rotary UPS900 Preventative Maintenance - Request for Proposals using the following factors:

• Factor 1 – Technical Approach

• Factor 2 – Schedule

• Factor 3 - Price

b. Order of Importance – Technical Approach and Schedule are equal but more important than price.

1.1 Factor 1: Technical Approach

a. Submission Requirements: Proposal information will be streamlined and limited to 20 pages. At a minimum, proposals shall address the following elements:

• Technical/management approach for executing each element in the Statement of Work

(SOW)

• Staffing plan, including key personnel assigned, their resumes, security clearances, and ability to meet safety requirements

b. Evaluation Criteria: The extent to which the offeror’s proposal effectively demonstrates an approach that meets the requirements in the SOW, provide qualified and high-quality staff and effectively demonstrates to DHS-Secret Service how the effort will be managed according to that approach. The quality of answers in relation to each subject will be evaluated rather than the quantity of pages.

1.2 Factor 2: Schedule

a. Submission Requirements: Submit a schedule that details the proposed execution plan, to include phasing planned to ensure no impact to Government operations.

b. Evaluation Criteria: The extent to which the offeror’s proposal schedule effectively demonstrates an approach that meets the government’s requirements.

1.3 Factor 3: Price

a. Submission Requirements: There is no page limited to the cost/price proposal. This part of the proposal shall include details for all resources required to accomplish the requirements, e.g., labor hours, rates, overtime rates/cost incidental to equipment, Program Manager Reports and other written recommendations for sustainability of equipment.

b. Minimum Requirement: The Government will evaluate the reasonableness of the price in relation to the offeror’s relative capability. Each offeror’s Price proposal will be evaluated to determine if it is consistent with the offeror’s approach and reflects a clear understanding of the solicitation requirements. Unrealistic prices or inconsistencies between the Management, Schedule, and Price proposals may be assessed as proposal risk under the evaluation.

2. EVALUATION METHODOLOGY

High Confidence

The Government has high confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention

Some Confidence

The Government has some confidence that the Offeror understands the performing the contract with some Government intervention

Low Confidence

The Government has low confidence that the Offeror understands the performing the contract even with Government intervention

A completed copy of the provision FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services (OCT 2022) must be included with Offeror’s proposal. If you have completed the annual representations and certifications electronically through the System for Award Management (SAM), then provide a statement as such and it shall be verified.

FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. Potential offerors are hereby notified that the solicitation and subsequent amendments to the solicitation shall only be available by downloading the documents at the SAM Website at https://sam.gov. By submitting a response to this solicitation, the vendor shall be self-certifying that neither the offeror nor the principal corporate officials and owners are currently suspended, debarred, or otherwise ineligible to receive contracts from any Federal Agency.

Offeror Questions/Clarifications

All offeror questions and clarifications pursuant to this RFQ must be requested to the Contracting Officer, Kate Dennis at katheryn.dennis@usss.dhs.gov and Contract Specialist, Taylor Haire at taylor.haire@usss.dhs.gov, no later than December 28, 2022, at 3:00 PM, ET. No additional questions and/or clarifications will be accepted after that date and time. The Government reserves the right not to provide a response for any Offeror question/clarification. If the Contracting Officer determines that a request cites an issue of significant importance, the Government shall provide a written response to all offerors.

The Government shall not provide information in response to telephone calls. Contacting other USSS personnel regarding this solicitation in an attempt to gain procurement-sensitive information may result in disqualification from the evaluation process. Written responses to all Offerors questions/clarifications shall be published on sam.gov no later than January 6, 2023, at 3:00 PM, EDT.

Quote Submission Due Date

Quotes shall be submitted to the Contracting Officer, Kate Dennis at katheryn.dennis@usss.dhs.gov and Contract Specialist, Taylor Haire at taylor.haire@usss.dhs.gov no later than January 13, 2023, at 3:00 PM, ET. No late quotes will be accepted.

STATEMENT OF WORK

Rotary UPS Periodic Major and Minor Preventive Maintenance

Part 1

GENERAL INFORMATION

1. INTRODUCTION: The Special Services Division (SSD), White House Mail Screening Program (WHMSP) located at Joint Base Anacostia Boling (JBAB) has a requirement for Preventive Maintenance for a Carter/CAT rotary UPS900 N+1, 900 kVA/720 kW 480V, 3 Phase, 60 Hz, 3 -wire Flywheel UPS System and External 3 Breaker MBP Switch.

1.1 Background: The United States Secret Service (USSS) Building is currently built out as a commercial office and processing operations space for sorting classified mail. This function is accomplished using the Carter/CAT Rotary UPS for the South UPS Serial # CRY00389 and North UPS Serial # CRY00390. It is imperative that a Periodic Maintenance Contract be put in place immediately to avoid damage, erosion, or inoperability of the two systems.

1.2 Purpose: USSS is requesting the maintenance for the Carter/CAT System comprised of an Air Inlet System, Control Panels, Cooling System, Flywheels and Flywheel Housings, Instrumentation, General, Power Metering, Power Output, Static Bypass Switch, External Maintenance Bypass – 3 Wire Technical, CAT UPS Monitoring Software, Remote Notification Via Modem, Ethernet and BODBUS to bring the system in line with recommended maintenance schedules for both minor and major maintenance.

1.3 Objectives: The objective for this requirement is to prevent damage, erosion, and avoid interruptible power supply outages to the system. Therefore, a preventative maintenance contract is necessary for repairs, replacement of needed parts, and monitoring of the system to perform major and minor maintenance as prescribed by manufacture of system.

1.4 Scope: Preventive Maintenance and Testing: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Preventive Maintenance and Testing as defined in this Statement of Work except for those items specified as Government furnished property and services.

1.4.1 Major Maintenance (Immediately and 48 months after contract award)

1.4.2 Visual Inspection

1.4.3 Inspect and inventory all customer-owned spare parts

1.4.4 Inspect all subassemblies for signs of component defects or stress

1.4.5 System Shutdown or Maintenance Bypass

1.4.6 Load Cell/Lower Bearing Removal and installation Procedures

1.4.6.1 Remove all necessary hardware to access lower bearing

1.4.6.2 Remove load cell assembly

1.4.6.3 Remove lower bearing

1.4.6.4 Measure and record spacing for shimming

1.4.6.5 Install replacement lower bearing cartridge

1.4.6.6 Install the load cell assembly into the bearing cartridge

1.4.6.7 Connect load cell hardware to bottom flywheel

1.4.6.8 Check torque on installation hardware

1.4.6.9 Reinstall and assemble hardware

1.5 Upper Bearing Removal and Installation Procedure

1.5.1 Remove all necessary hardware to access upper bearing

1.5.2 Remove RPS Sensor assembly

1.5.3 Remove upper bearing

1.5.4 Measure and record spacing for shimming

1.5.5 Install upper bearing cartridge

1.5.6 Check torque on installation hardware

1.5.7 Install RPS Sensor assembly

1.5.8 Reinstall and assemble hardware

1.6 System Power-up

1.6.1 Parameter Input and Calibration

1.6.1.1 Input Load cell data into operating parameters

1.6.2.2 Complete load cell calibration procedures

1.6.2.3 Complete RPS Advance set point calibration

1.7 General

1.7.1 Update system firmware, if needed

1.7.2 Download, review and increment log and telemetry files

1.7.3 Provide verbal and written Maintenance Report of recommendations

1.8. Annual Preventative Maintenance (12 months)

1.8.1 Inspect the proper operation of all cooling fans

1.8.2 Inspect all power connections for signs of overheating

1.8.3 Inspect DC capacitors for signs of leakage

1.8.4 Inspect and inventory all customer owned spare kits

1.8.5 Inspect all Field Engineering Advisories for applicable equipment

1.8.6 Inspect cleanliness of all printed circuit board assemblies (PWA’s)

1.8.7 Inspect torque specifications on all applicable hardware

1.9. Internal Operating Parameters

1.9.1Document internal temperatures (bearings, field coils, cabinet, IGBT)

1.9.2 Document vibration sensor telemetry

1.9.3 Document vacuum level telemetry

1.9.4 Document Input/Bypass/Output voltage telemetry

1.9.5 Document Positive/Negative DC Bus telemetry

1.9.6 Check all “Other than Default” values

1.9.7 Check power supply voltages

1.10. External Operating Parameters

1.10.1 Check system Input/Bypass/Output voltages

1.10.2 Check positive and negative DC Bus voltages

1.10.3 Adjust all telemetry to measured values

1.10.4 Perform outage simulation and recharge

1.10.5 Verify generator operation/UPS integration

1.10.6 Test EPO and Remote EPO

1.10.7. Environmental Parameters

1.10.8 Measure UPS area ambient temperature

1.11 Inspect general cleanliness of the UPS/CSDC system

1.11.1 Inspect area for proper ventilation

1.11.2 Replace or clean out air filters

1.11.3 Clean LCD/CRT Control panel

1.11.4 Drain vacuum oil and change oil

1.11.5 Degas vacuum pump for 15+ minutes prior to closing the ballast

1.12 Monitoring System Parameters

1.12.1 Update system firmware

1.12.2 Download, review, and increment log and telemetry files

1.13 Take all necessary precautions to safeguard existing equipment, utilities, and systems which are to remain in place. The contractor shall be responsible for and shall repair, at its expense, any damage to existing installations due to the contractor’s operations or the contractor’s failure to provide proper protection.

1.13.1 Clean-up, and remove all waste and rubbish created by the work and leave the job site in a manner acceptable to the Government Program Manager, or representative.

1.13.2 Place materials that cannot be removed daily in an area specified by the Government Program Manager, or representative.

1.14 Task Heading: Preventive Maintenance and Testing is as follows:

1.15 Include one (1) annual major Rotary UPS preventive maintenance visit on scheduled Monday through Friday, 8:00am - 5:00 pm and (1) minor Rotary UPS

1.16. Include all materials and labor to keep the equipment in good operating condition (excludes replacement batteries and proactive capacitors). Provide and replace DC capacitors.

1.16.1 Include 30-minute (maximum) call back time.

1.16.2 Include 4hr 7x24 day onsite emergency response.

1.16.3 Provide access to factory technical support.

1.16.4 Include all emergency service and travel expenses.

1.16.5 Ensure all maintenance is performed by factory trained Field Engineers- OEM Schneider Electric.

1.16.6 Provide semiannual (2) battery maintenance visits per year on (80) batteries scheduled during normal business hours Monday through Friday 8:00am – 5:00pm.

1.16.7 Measure and record every cell terminal voltage.

1.16.8 Measure and record overall system voltage.

1.16.9 Measure and record ambient room temperature. Measure and record cell temperatures.

1.16.10 Measure and record overall AC ripple voltage.

16.11 Measure and record AC ripple current.

16.12 Measure and record impedance or resistance of each cell.

1.16.13 Check jar/case and/or cover for signs of leakage.

1.16.14 Check for corrosion on terminal post or connector.

1.16.15 Check for general appearance and cleanliness of battery room.

1.16.16 Provide one annual full-service visit that includes all the above services, plus the following below.

1.16.17 Measure and record impedance or resistance of each inter-cell connection.

1.16.18 Re-torque all battery terminal, and jumper connections as needed, if accessible.

1.16.19 Clean and neutralize jar/case and/ or cover of each cell/unit

1.16.20 Provide all labor and materials required to complete the PM.

1.16.21 Provide PM report to government Program Manager.

1.17 CLIN Structure and Delivery Schedule

BASE

PERIOD

Description Frequency Unit Price Total

0001 Major Rotary Overhaul and Maintenance with Report

Once under Base Year

$TBD $TBD

0002 Preventative Maintenance As needed $TBD $TBD

0003 Technical Service After Normal Work Hours As needed $TBD $TBD

0004 Parts as Needed As needed $TBD $TBD

TOTAL

CONTRACT

VALUE

OPTION

YEAR ONE

Description Frequency Unit Price Total

1002 Annual Preventative Maintenance with Report

Every 12 months $TBD $TBD

1003 Technical Service After Normal Work Hours As Needed $TBD $TBD

1004 Parts as Needed As Needed $TBD $TBD

TOTAL

YEAR TWO

Description Frequency Unit Price Total

2002 Annual Preventative Maintenance with Report

Every 12 months $TBD $TBD

2003 Technical Service After Normal Work Hours As Needed $TBD $TBD

2004 Parts as Needed As Needed $TBD $TBD

TOTAL

YEAR

THREE

Description Frequency Unit Price Total

3002 Annual Preventative Maintenance with Report

Every 12 months $TBD $TBD

3003 Technical Service After Normal Work Hours As Needed $TBD $TBD

3004 Parts as Needed As Needed $TBD $TBD

TOTAL

YEAR

FOUR

Description Frequency Unit Price Total

4001 Major Rotary inspection and Maintenance with Report

Every 48 months $TBD $TBD

4002 Preventative Maintenance As needed $TBD $TBD

4003 Technical Service After Normal Work Hours As needed $TBD $TBD

4004 Parts as needed As needed $TBD $TBD

TOTAL

1.18. Security & Access Requirements:

Contract employees shall undergo a favorable Suitability Assessment as determined by the US Secret Service’s Security Clearance Division’s, Clearance, and Access Branch (SCD-CAB) prior to performing any work within US Secret Services controlled access facilities or on US Secret Service’s information technology systems.

1.18.1 The contractor shall submit to the COR the following completed documentation for each contract employee requiring access to US Secret Services controlled access facilities, to satisfy initial and/or recurring (as requested by the COR) Suitability Assessments:

SSF 3237: US Secret Service Facility Access Request SSF 4024: US Secret Service Non-Disclosure Agreement SSF 3030A: Financial Disclosure/Credit Release

1.18.2 The contractor shall provide personnel and vehicle information for gaining access to the military installation and facility. Information shall be provided to the Government PM a minimum of three (3) days prior to the site visit.

1.18.3 The contractor shall provide license, registration, and insurance information to access the military installation on the day of visit.

1.19. Contract Type

Firm Fixed-Price

1.20. PROJECT MANAGEMENT

1.20.1 The contractor shall:

1.20.2 Designate a Program Manager (PM) who shall possess sufficient corporate authority to manage, direct, execute, obligate, and control all elements of this contract. The PM shall serve as the primary point of contact between the contractor and the government and shall be responsible for the coordination of all contractor activities related to the contract and remain solely responsible for completing all tasks and providing all deliverables required in this SOW.

1.21. EXECUTION

1.21.1 The contractor shall:

1.21.2 Coordinate all work with the Government Program Manager, or representative, prior to commencing any work to avoid any conflicts with the operations of the facility.

1.21.3 Perform each task according to a detailed written work schedule and plan which is prepared by the contractor and approved by the Government Program Manager, or representative, prior to commencing work.

1.21.4 Perform all work during normal business hours (0700 – 1700). Any work that must be completed outside of normal business hours needs to be coordinated with the government PM.

1.21.5 Perform all work that would require loss of equipment and operator interface software outside normal business hours.

1.21.6 Work with the facility staff and the government PM to schedule in advance all work/tasks (ex.

Replacement of equipment, software installation) that will impact normal building operations.

1.21.7 Provide laminated, engraved plastic nameplates for control panels. Other equipment devices furnished, including sensors, switches, valves, gages, actuators, and all other items furnished shall be identified with plastic embossed labels adhered to the device. Each name plate should identify the function.

1.21.8 Provide test plan and test procedures for the performance verification test for approval. Explain in detail actions and expected results to demonstrate compliance with the requirements of this specification and the method of simulating the necessary conditions of operation to demonstrate performance of the system.

1.21.9 Take all necessary precautions to safeguard existing equipment, utilities, and systems which are to remain in place. The contractor shall be responsible for and shall repair, at its expense, any damage to existing installations due to the contractor’s operations or the contractor’s failure to provide proper protection.

1.21.10 Clean-up, and remove all waste and rubbish created by the work and leave the job site in a manner acceptable to the Government Program Manager, or representative.

1.21.11 Place materials that cannot be removed daily in an area specified by the Government Program Manager, or representative.

1.22. Requirements

1.22.1 General requirements

1.22.2 The contractor shall:

1.22.3 Participate in a mandatory walk-through of the area prior to the commencement of work.

Sufficient site investigation should be made during the walk through to obtain pertinent information from the existing system and understand the location and accessibility of equipment to ensure successful execution of the work. Determine and/or confirm the applicable codes and standards for all aspects of the work and ensure compliance with the requirements listed.

1.23. Final Deliverables

1.23.1 The contractor shall:

1.23.2 Provide three (3) operational and maintenance manuals in electronic and hard copy form.

1.23.3 Provide the final test reports in electronic and hard copy form.

1.23.4 Provide onsite training covering operation, maintenance, and calibration of the system.

1.23.5 Warrant the system against manufacturing defects in materials and workmanship for two (2) years.

The warranty shall include parts and labor.

1.24. Pricing

1.24.1 The contractor shall submit a line-item cost proposal to include costs for all labor, materials, tools, supplies, equipment, transportation, and supervision necessary to perform all required work. The cost proposal shall also include individual line items for overhead, profit, insurance, mobilization, and other associated fees. Note: All necessary parts were purchased for the rotaries from the manufacture CAT two years ago and will be used for repair and/or maintenance for the rotaries.

1.25. General Information

1.25.1 Date of Delivery: All services must begin 30 days after award of contract. Contract shall contain a base year and four one-year options periods for a total of five years.

1.25.2 Place of Delivery: Special Services Division, Joint Base Anacostia-Bolling. 245 Murray Lane S.W., Washington, D.C. 20223-0001.

1.25.3 Point of Contact: Ken Haskins, Program Manager, 202-610-8802.

1.25.4 Hours of Operation: Monday through Friday 0700 – 1700: Any work that must be completed outside of normal business hours shall be coordinated and approved by the government PM and/or facility staff in advance of all work/tasks (ex. loss of power, bypass of unit) that will impact normal building operations to avoid any conflicts with the operations of the facility.

1.25.5 Perform each task according to a detailed written work schedule and plan which is prepared by the contractor and approved by the Government Program Manager, or representative, prior to commencing work.

1.25.6 Type of Contract: The contract type is firm fixed price.

1.25.7 Privacy Act: Personnel who have access to Privacy Information shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations

1.25.8: Physical Security: The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use.

1.25.9 Key Personnel: Designate a Program Manager who shall possess sufficient corporate authority to manage, direct, execute, obligate, and control all elements of this contract. The Program Manager shall serve as the primary point of contact between the contractor and the government and shall be responsible for the coordination of all contractor activities related to the contract.

1.25.10 Identification of Contractor Employees: All contract personnel attending meetings and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.25.11 Contractor Travel Contractor will be required to travel from contractor facility to the National Capital Region (NCR) JBAB during the performance of this contract for the preventive maintenance.

Contractor will be authorized travel expenses consistent with FAR 31.205-46, the substantive provisions of the Federal Travel Regulation (FTR), and the limitation of funds specified in this contract. All travel shall be approved in advance by COR and Contracting Officer.

Part 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER (C.O.). A person with authority to enter, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note:

The only individual who can legally bind the Government.

2.1.3. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.4. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the SOW.

When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.5. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.2. ACRONYMS:

CFR Code of Federal Regulations CO Contracting Officer CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf CPFF Cost Plus Fixed Fee FAR Federal Acquisition Regulation FFP Firm Fixed Price GFP Government Furnished Property HSAR Homeland Security Acquisition Regulation LH Labor Hour NCR National Capital Region OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PM Program Manager SOW Statement of Work TE Technical Exhibit TM Time and Material TPOC Technical Point of Contact

CONTRACT PROVISIONS

Clauses incorporated by full text:

52.204-22 Alternative Line-Item Proposal. (Jan 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

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".

(d) Representation. The Offeror represents that— https://www.acquisition.gov/far/part-4#FAR_Subpart_4_10 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

(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.

(End of provision)

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. (Jun 2020)

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

(1) Means–

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

Sensitive technology-

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

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

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

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

(b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with Federal Acquisition Regulation (FAR) 25.703-4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/ http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim mailto:CISADA106@state.gov https://www.acquisition.gov/far/part-25#FAR_25_703_4

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds the threshold at FAR 25.703-2(a)(2) with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if-

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225- 12, 52.225-24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

CLAUSES

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

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): https://www.acquisition.gov.

(End of clause)

Clauses incorporated by reference:

52.203-5 Covenant Against Contingent Fees. (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (Jun 2020) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (JUN 2020) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. (NOV 2021) 52.215-19 Notification of Ownership Changes. (OCT 1997) 52.232-11 Extras. (APR 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021) 52.242-13 Bankruptcy. (JUL 1995)

Clauses incorporated by full text:

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services. (Oct 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) 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:

https://www.acquisition.gov/far/part-25#FAR_25_703_2 https://www.acquisition.gov/far/part-52#FAR_52_225_4 https://www.acquisition.gov/far/part-52#FAR_52_225_6 https://www.acquisition.gov/far/part-52#FAR_52_225_12 https://www.acquisition.gov/far/part-52#FAR_52_225_12 https://www.acquisition.gov/far/part-52#FAR_52_225_24 https://www.acquisition.gov/far/part-52#FAR_52_107 https://www.acquisition.gov/

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

(6) 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:

__ (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. 2402).

_X_ (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.)

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

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (12) 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).

__ (13) [Reserved] __ (14) (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.

__ (15) (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.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (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.

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (18) (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.

__ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (OCT 2022) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 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)).

__ (24) 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)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

_X_ (32) (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_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (35) (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).

__ (36) 52.222-54, Employment Eligibility Verification (MAY 2022)…