RFQ W912MM21Q0003.pdf

SEE ADDENDUM

(No Collect Calls)

W912MM21Q0003 08-Oct-2020

b. TELEPHONE NUMBER

605-737-6768

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 22 Oct 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912MM9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JESSE M. SWEESY

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USPFO SD PURCHASING & CONTRACTING

2823 WEST MAIN STREET

RAPID CITY SD 57702-8186

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W5J9VJ 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

152ND CSSB

152ND CSSB SUPPLY NCO

3440 EAST HWY 34

PIERRE SD 57501

TEL: SEE SCHEDULE FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$35,000,000

NAICS:

721110

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF17

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT FOR 152nd CSSB FY 21 LODGING

Fatigue Management Hotel Rooms for Fiscal Year 2021 with two possible Option Periods for Fiscal Year 2022 and Fiscal Year 2023 for the South Dakota Army National Guard.

Base Year November 1, 2020 – October 31, 2021 Option Year One November 1, 2021 – October 31, 2022 Option Year Two November 1, 2022 – October 31, 2023

APPROXIMATED TOTAL ROOM NIGHTS: Estimated 26 Double Occupancy rooms for 2 consecutive nights each month. Room requirements may vary depending on need and schedule. This is an indefinite delivery for sleeping rooms effective for the period stated in the schedule. The quantities specified in schedule are estimates only.

Return Page 4 with price quotes and completed clauses 52.204-24 and 52.204-26.

Lodging Requirements:

The South Dakota Army National Guard (SDANG) has a requirement for rental of lodging rooms on an as needed basis (typically 1 weekend a month) for 1 units at 1 location in Brookings, South Dakota. Hotel must be within 10 miles of location. Provide price quote on the location(s) you are able to provide hotel service for.

The lodging needs requirement is for double occupancy, non-smoking sleeping rooms. The dates and number of rooms needed are listed in this solicitation. The specifications are as follows:

Double occupancy hotel rooms shall have a minimum of two beds per room and an attached bathroom. Room furnishings will be in accordance with industry standards.

The anticipated schedule for needed rooms is included with room numbers for 1 November – 31 October 2021 plus two possible Option Years. Dates for lodging will be provided by the unit point of contact prior to units stay.

Motel must have 24-hour desk service to facilitate check-in/out and phone messaging.

Government/Unit Point of Contact (POC) will coordinate a minimum of 1 week in advance with the contractor to request number of rooms to be reserved. Rooms will not automatically be reserved by Hotel managers. The Government POC shall coordinate room numbers on an ongoing basis. The motel shall allow a 48 hour cancellation notice, should the requested number of rooms need to be changed.

SDARNG will be responsible to pay only for the actual number of rooms reserved 48 hrs prior. Government will assume responsibility for payment of the rooms only. Any other charges, may include but are not limited to telephone calls, laundry, room service, smoking fees, etc., will be the responsibility of the individual. The collection of any additional charges from individual occupants is the vendor’s responsibility. Only room charges will be tax exempt.

SDARNG POC will coordinate and maintain an updated usage matrix with full names and dates. These will be used to validate invoices presented for payment. SDARNG POC must submit reconciled paperwork detailing the number of rooms utilized and itemized vendor invoice prior to payment being authorized.

Prior to award, the Government reserves the right to inspect the facilities offered in the Request for Quote (RFQ).

Invoicing. With the exception of the final payment, the minimum time frame which an invoice can be submitted for payment shall be 7 calendar days. Invoicing will be completed electronically at https://WAWF.eb.mil/. Vendors receiving awards must register at https://WAWF.eb.mil/ to be able to invoice.

This will be a tax-exempt contract. The tax exemption number will be provided upon contract award. If there are any other city tax or fees, include them in price for the rooms.

Please provide any additional items that are contained in the room, such as refrigerator, microware, internet, etc. The number of awards will be made as what is determined to be in the best interest of the government.

As instructed by the Office of the Secretary of Defense, prior to awarding a contract, vendor must be registered in a DoD SAM (System for Award Management) database. Information regarding registration can be obtained at the following website: www.sam.gov If the Internet is not available, you can call the local Procurement Technical Assistance Contact (PTAC) at 605-367-5252 for assistance.

LODGING SCHEDULE

FY21 1 Nov 20 - 30 Oct 21 QUOTE COST PER ROOM, PER NIGHT: $ Hotel:

FY22 1 Nov 21 – 30 Oct 22 QUOTE COST PER ROOM, PER NIGHT: $ Hotel:

FY23 1 Nov 22 – 30 Oct 23 QUOTE COST PER ROOM, PER NIGHT: $ Hotel:

Projected Anticipated room Requirements List

UNIT LOCATION ROOMS PER MONTH ROOMS PER YEAR OCCUPANCY

152nd CSSB Brookings, SD 26 Rooms 2 Nights 624 Estimated Double

This is for informational purposes only. Dates and room numbers may change monthly due to unit needs.

PRIMARY VENDOR NAME: ____________________

TELEPHONE:___________________

EMAIL:_______________________

W912MM21Q0003

OPERATIONAL SECURITY

The contractor will protect controlled unclassified information (i.e. training times, number of personnel, etc) pertaining to daily operations. The COR/POC will brief the vendor on what information needs to be protected, why it needs to be protected, and how to protect it.

SERVICE DELIVERY SCHEDULE

The Contractor Service Delivery Schedule identifies the major tasks or deliverables the contractor will be providing or accomplishing during the contract period. The schedule identifies the task standards, the acceptable level of quality and the primary method the Government will use to assess the contractor’s performance.

CONTRACTOR’s SERVICE DELIVERY SCHEDULE ROOMS

Deliverable/Tasks Performance Standard Acceptable Quality Level

Method Used/ Frequency

Sleeping Room -Beds are in good condition -Pillows are provided -Room door locks properly -Room is clean -Blankets are clean

95% of time -Complaint

Bath Room / Shower -Shower works properly with hot water -Shampoo and soap provided -Towels provided are clean -Bathroom is clean

100% of time -Complaint

Heating/Cooling -Heating system works properly -Air conditioning works properly

95% of time -Complaint

Operational Security Requirements

-Contractor will protect controlled unclassified information pertaining to daily operations.

100% of time -Daily inspection and spot check

Other

PERFORMANCE STANDARDS:

The Government will typically perform contract surveillance by direct observation, periodic inspection and complaints to determine contractor performance. Regardless of the surveillance method, the Point of Contact (POC) will always contact the contractor’s manager or on-site representative when a defect is identified and inform the manager of the specifics of the problem. The POC is responsible for monitoring the contractor’s performance.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 624 Each Based Period FY21 Lodging - 152nd CSSB

FFP

Services, Non Personal

152nd CSSB Brookings, South Dakota Government Point of Contact To be Announced

Hotel POC:

To be Determined

IDT Fatigue Management for the South Dakota Army National Guard for the entire Fiscal year 21 (1 Nov - 2020 - 31 Oct 2021).

Rooms are typically required 1 weekend a month, normally the 1st weekend of each month. The anticipated schedule is for 26 double occupancy rooms for two consecutive nights.

Rooms will not be automatically reserved by Hotel Management for the estimated room quantities and dates in the Performance Work statement in this document.

Unit Point of Contact (POC) is to coordinate with the vendor on room quantities on an ongoing basis as needed for each month.

Price Quote Per Double Occupancy Room $_______________ FOB: Destination

PSC CD: V231

NET AMT

0020 624 Each OPTION Option Period 1 for FY22 Lodging - 152nd

FFP

Services, Non Personal

152nd CSSB Brookings, South Dakota Government Point of Contact To be Announced

Hotel POC:

To be Determined

IDT Fatigue Management for the South Dakota Army National Guard for the entire Fiscal year 21 (1 Nov - 2021 - 31 Oct 2022).

Rooms are typically required 1 weekend a month, normally the 1st weekend of each month. The anticipated schedule is for 26 double occupancy rooms for two consecutive nights.

Rooms will not be automatically reserved by Hotel Management for the estimated room quantities and dates in the Performance Work statement in this document.

Unit Point of Contact (POC) is to coordinate with the vendor on room quantities on an ongoing basis as needed for each month.

Price Quote Per Double Occupancy Room $_______________

0030 624 Each OPTION Option Period 2 for FY23 Lodging - 152nd

FFP

Services, Non Personal

152nd CSSB Brookings, South Dakota Government Point of Contact To be Announced

Hotel POC:

To be Determined

IDT Fatigue Management for the South Dakota Army National Guard for the entire Fiscal year 21 (1 Nov - 2022 - 31 Oct 2023).

Rooms are typically required 1 weekend a month, normally the 1st weekend of each month. The anticipated schedule is for 26 double occupancy rooms for two consecutive nights.

Rooms will not be automatically reserved by Hotel Management for the estimated room quantities and dates in the Performance Work statement in this document.

Unit Point of Contact (POC) is to coordinate with the vendor on room quantities on an ongoing basis as needed for each month.

Price Quote Per Double Occupancy Room $_______________

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0010 Destination Government Destination Government 0020 Destination Government Destination Government 0030 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0010 POP 01-NOV-2020 TO

31-OCT-2021

N/A 152ND CSSB

152ND CSSB SUPPLY NCO

3440 EAST HWY 34

PIERRE SD 57501

SEE SCHEDULE

W5J9VJ

0020 POP 01-NOV-2021 TO

31-OCT-2022

N/A (SAME AS PREVIOUS LOCATION)

0030 POP 01-NOV-2022 TO

31-OCT-2023

N/A (SAME AS PREVIOUS LOCATION)

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 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

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 Items OCT 2018 52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)

AUG 2020

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008).

MAR 2020

52.219-28 Post-Award Small Business Program Rerepresentation MAY 2020 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-1 Payments APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.244-6 Subcontracts for Commercial Items AUG 2020 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

DEC 2019

252.209-7999 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation)

JAN 2012

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

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

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

(d) Reporting requirement.

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

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

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

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

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

(End of clause)

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

2019)

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

(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) 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.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The contractor shall submit pricing for double rooms per page 4 of this solicitation. Offers will be evaluated based on their pricing. The contractor must be found acceptable/responsible based on confirmation of Past Performance. In the event the Contractor has no Past Performance a neutral rating will be given. The Government intends to award to the low priced acceptable/responsible contractor. The contracting officer may determine an offer noncompliant with the terms and conditions of the solicitation if the contractor does not provide the information requested, specifically:

Provide Pricing per Double Room - Pricing will not include expenses incurred by individuals staying in room

Past performance will be used to determine the acceptability of an offer.

Signed SF1449 (Page 1) with Cage Code Completed 889 Representations FAR 52.204-24 Updated System for Award Management (sam.gov)

(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. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 7 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 31 October 2023.

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):

https://www.acquisition.gov