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Electronic Warfare Support (ES)/ Spectrum Monitoring Service
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M6739920Q0027
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M6739920Q0027

Section SF 1449 - CONTINUATION SHEET

ITEM NO
SUPPLIES/SERVICES
MAX QUANTITY
UNIT
UNIT PRICE
MAX AMOUNT
4
Each

Electromagnetic Spectrum (EMS) Services

FFP

Spectrum Monitoring - First iteration is Marine Air Ground Task Force (MAGTF) Warfighting Exercises (MWX) 1-21 (1-7 Nov 2020). Second iteration is MWX 2-21. Third iteration is MWX 3-21.

FOB: Destination

MILSTRIP: M3500121SUDG002

PURCHASE REQUEST NUMBER: M3500121SUDG002

PSC CD: R415

MAX

NET AMT

ITEM NO
SUPPLIES/SERVICES
MAX QUANTITY
UNIT
UNIT PRICE
MAX AMOUNT
4
Each
OPTION
Electromagnetic Spectrum (EMS) Services

FFP

Spectrum Monitoring - First iteration is MWX 1-22. Second iteration is MWX 2-22.Third iteration is MWX 3-22.

FOB: Destination

MAX

ITEM NO
SUPPLIES/SERVICES
MAX QUANTITY
UNIT
UNIT PRICE
MAX AMOUNT
4
Each
OPTION
Electromagnetic Spectrum (EMS) Services

FFP

Spectrum Monitoring - First iteration is MWX 1-23 . Second iteration is MWX 2-23 . Third iteration is MWX 3-23.

MAX

ITEM NO
SUPPLIES/SERVICES
MAX QUANTITY
UNIT
UNIT PRICE
MAX AMOUNT
4
Each
OPTION
Electromagnetic Spectrum (EMS) Services

FFP

Spectrum Monitoring - First iteration is MWX 1-24. Second iteration is MWX 2-24. Third iteration is MWX 3-24.

MAX

ITEM NO
SUPPLIES/SERVICES
MAX QUANTITY
UNIT
UNIT PRICE
MAX AMOUNT
4
Each
OPTION
Electromagnetic Spectrum (EMS) Services

FFP

Spectrum Monitoring - First iteration is MWX 1-25. Second iteration is MWX 2-25. Third iteration is MWX 3-25.

MAX

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government
1001
Destination
Government
Destination
Government
2001
Destination
Government
Destination
Government
3001
Destination
Government
Destination
Government
4001
Destination
Government
Destination
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
POP 01-NOV-2020 TO

31-OCT-2021

N/A
M35001

THOMAS “SCOTT” WRIGHT

MAGTFTC MCAGCC

TWENTYNINE PALMS CA 92278

(760) 831-7684

M35001

1001
POP 01-NOV-2021 TO

31-OCT-2022

N/A
(SAME AS PREVIOUS LOCATION)

M35001

2001
POP 01-NOV-2022 TO

31-OCT-2023

N/A
(SAME AS PREVIOUS LOCATION)

M35001

3001
POP 01-NOV-2023 TO

31-OCT-2024

N/A
(SAME AS PREVIOUS LOCATION)

M35001

4001
POP 01-NOV-2024 TO

31-OCT-2025

N/A
(SAME AS PREVIOUS LOCATION)

M35001

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00

22.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00

4.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001
1.00

4.00

1001
1.00

4.00

2001
1.00

4.00

3001
1.00

4.00

4001
1.00

4.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001
1.00

4.00

1001
1.00

4.00

2001
1.00

4.00

3001
1.00

4.00

4001
1.00

4.00

PWS

Performance Work Statement (PWS)

Electromagnetic Spectrum (EMS) Service PWS

1.0 PURPOSE

Marine Air Ground Task Force Training Command (MAGTF-TC) requires contracted Electronic Warfare Support (ES) services during MAGTF Warfighting Exercises (MWXs) an all force-on-force events to effectively train exercise units during Service Level Training Exercises (SLTEs). This ES capability must be able to passively identify, characterize, and locate MAGTF communication assets simultaneously across the full spectrum of tactical communications. This communication data, once analyzed, can be used as a training aid during SLTEs In-Order-To (IOT) model near-peer competitor detection capabilities in the Electromagnetic Spectrum (EMS). Furthermore, this communication data is critical for feeding precise technical information to Adversary Forces' electronic attack assets during training evolutions.

SCOPE

The required capability must consist of at least two mobile vehicles (vendor owned and vendor maintained) that are rugged and flexible enough to provide support in various training ranges throughout Marine Corps Air Ground Combat Center (MCAGCC), Twentynine Palms, California. Additionally, the capability must be able to provide 12-hour daily manned coverage during the requested period of performance, and 24-hour unmanned data recording while the vehicles are stationary.

3.0 TECHNICAL CAPABILITY (DELIVERABLES)

3.1 Technical Specifications

Salient Characteristic
Technically Acceptable Specification

Radio Direction Finding and Geolocation

Frequency range
30 megahertz (MHz) - 6000 MHz
Minimum signal duration required to provide Line of Bearing (LOB)
1 millisecond (ms)
Preferred signal duration to provide LOB
6 us
Direction Finding (DF) of Frequency Hopping (hops) Rate Minimum
500 hops/s
LOB Accuracy @ 300 MHz
4 degree of Root Mean Square (RMS) max
DF Sensitivity
20 Microvolts per Meter (uV/m) or better

Receiver

Tuning Resolution
1 kilohertz (kHz)
Preferred Receive only range
2 MHz – 43 Gigahertz GHz
Instantaneous DF Bandwidth
80 MHz or better

Data Recording

Radio Direction Finding and Geolocation
Frequency, Geolocation Fix, Date/Time, Signal Level
Data Access
Locally and Remotely over WAN or LAN
Data Recording Period
5 Days of 24-hour operation

Mechanical

System Weather Resistance
The system must be able to operate in sustained winds of 15 Miles per Hour (MPH) and a gust of 30 MPH.
DF Platform Requirements
4X4 Vehicle with the ability to provide its own power for the equipment
Operating Temperature
(-10) degrees to (50) degrees Celsius or better

Networking

Multi-Node Networking
DF Nodes must be networked together in order to provide live geolocation of emitters

Scanning

Rate
30 GHz/Sec @ 25 kHz step size

Installation and Setup

Setup Time
15 minutes max per site

Reporting (Real-time and Recorded)

Direction Finding / Geo-location
Results displayed on map and grid
Signal Statistics
Ability to identify the number of transmitters within a specified area, number of transmissions within a specified area, the average number of active transmitters per hour within a specified area, average number of transmissions per hour within a specified area, average transmission length, specific frequencies within an individual frequency hopping nets.

3.2. Logistical Requirements

3.2.1 Self-sustainment for all logistical needs to include lodging, food, water, fuel, transportation, power, and maintenance.

3.2.2Vehicles must be able to traverse unimproved roads made of loose and hard-packed sand with a difference in elevation of 8 inches over a distance of 21 inches at a rate of speed of no less than 10 MPH. It is preferred that the vehicle have a ground clearance of no less than 9 inches and suspension travel of no less than 10 inches and be able to move at a constant rate of speed of no less than 30 MPH.
3.2.3The system must take no more than 15 minutes from coming to a complete halt to being fully operational (Good rating). It is preferred that the system be able to be fully operational on the move (Outstanding rating).
3.2.4The system must be able to travel for 150 miles and be operational for 24 hours before needing to refuel from a non-organic source.

3.2.5 Vehicles malfunctions must be resolved within three hours.

3.3.Product requirements
3.3.1Equipment must provide real-time data (signal type identified and geolocations) to feed the exercise force targeting cycle. It is preferred that the system be able to utilize long-range mesh radios to send data in real-time back to an Exercise Control Facility for analysis of the data as well as building after-action reports based on the data being received.
3.3.2Contractor must provide daily summary of geo-locations broken down by frequency range and defined areas.
3.3.3Contractor must provide daily summary of the number of geo-locations by frequency range and defined areas.
3.3.4Equipment must provide Comma-Separated Values (CSV) or Keyhole Markup Language (KML) of all geo-locations from the entire duration of the exercise.

4.0 GENERAL CONSIDERATIONS

4.1 PERIOD OF PERFORMANCE

Base Year:

The required periods of performance will be in support of MWXs at MCAGCC Twentynine Palms. Curently, MWX 1-21 is scheduled for November 1-7, 2020, MWX 2-21 is scheduled for February 14-20, 2020, and MWX 3-21 is projected for May 2-8, 2021. Specific dates and number of events are subject to change, but will not exceed a period of 8 days per event.

Option Years: November, February, and May of the respective Fiscal Years. Specific dates and number of events are subject to change, but will not exceed a period of 8 days per event.

4.2 GOVERNMENT FURNISHED EQUIPMENT (GFE)

The Government will not provide any equipment in support of contractor efforts.

4.3 PLACE OF PERFORMANCE

The deployment of these assets will be required across various ranges aboard the Combat Center. This will include the following training areas: Gypsum Ridge, R220, Quackenbush, Blacktop, Cleghorn, Gay's Pass, Lead Mountain, Emerson Lake, Maumee Mine, and Delta T.

4.4 CONTRACTOR IDENTIFICATION

The work will be performed at the Marine Corps Air Ground Combat Center. Contractor personnel must identify themselves as contractors during meetings, telephone conversations, in electronic messages, or correspondence related to this contract.

4.5 CONTRACTOR FURNISHED ITEMS AND SERVICES

The contractor shall furnish all personnel, tools, materials, supervision, and other items and non-personal services necessary to perform the work defined in this PWS.

5.0 CONTRACT ADMINISTRATION:

5.1 HOURS OF OPERATION

Training during SLTEs is often conducted 24 hours per day, with government personnel typically working no more than 12 hours per day. However, an increase in hours worked is commonplace during SLTEs. Contractor personnel will not be expected to work in excess of 12 hours per day.

5.2 INSURANCE TO WORK ON A GOVERNMENT INSTALLATION

Per 52.228-5, 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 the schedule or elsewhere in the contract. Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained.

Insurance Coverage Requirements:

· Bodily injury liability coverage: $15,000 per person / $30,000 per accident minimum.

· Property damage liability coverage: $5,000 minimum.

· Uninsured motorist bodily injury coverage: $15,000 per person / $30,000 per accident minimum.

QUALITY ASSURANCE SURVEILLANCE

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Quality Assurance Surveillance Plan (QASP) shall be used to assess the performance of the Electronic Warfare Support (ES) service.

Purpose: This QASP provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

• What will be monitored?

• How monitoring will take place.

• Who will conduct the monitoring?

• How monitoring efforts and results will be documented.

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. In addition, the QASP should recognize that unforeseen and uncontrollable situations might occur.

This QASP is a “living document” and the Government may review and revise it on a regular basis. Updates shall ensure that the QASP remains a valid, useful, and enforceable document. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

Quality Assurance: The Government will evaluate the contractor's performance of this task order. For those tasks listed in the PWS, the COR or other designated evaluator shall use simplified surveillance methods to evaluate Contractor performance. When an observation indicates defective performance, the COR or other designated evaluator shall notify the Contractor of non-compliance. Government surveillance of tasks not listed in the PWS or by methods other than those listed in the PWS (such as provided in the Inspection clause) may occur during the performance period of this task order. Such surveillance shall be done according to standard inspection procedures or other task order provisions.

Surveillance Techniques: The primary method of surveillance is:

(a) 100% Inspection – During MWX the COR or government representative shall review the specified documentation and results into the Surveillance Activity Checklist.

Performance Standards: The following performance standards and Acceptable Quality Levels (AQLs) shall be used to measure contract performance.

PERFORMANCE REQUIREMENTS SUMMARY

PERFORMANCE REQUIREMENTS SURVEY (PRS)

Performance Objective
PWS
Performance Standard
Acceptable Quality Level (AQL)
Method of Surveillance
Incentive (Positive and/or Negative)

(Impact on Contractor)

Technical Specifications
3.1
Functionality: System satisfies functional requirements set forth in the requirements specification.

Usability: User interface is consistent and accessible.

Reliability: System is available, accurate, and able to recover from catastrophes.

Performance: System meets all performance requirements including response time, recovery time, and startup time. Problems that occur are minor and are resolved in a satisfactory manner.

95%

COR Surveillance
CPARS/FAPIIS Reporting
Logistical Requirements
3.2.1

3.2.2 3.2.3

3.2.4 3.2.5 Vehicles satisfy functional requirements set forth in the requirements specification. Problems that occur are minor and are resolved in a satisfactory manner.

COR Surveillance
CPARS/FAPIIS Reporting

Product Requirements

Reports

Live Feed Software 3.3.1 3.3.2 3.3.3 3.3.4 Technical Requirements: Percentage of technical requirements contained in the PWS that were met by the contractor.

• Documents should contain only minor technical errors that, although they are minor, require fixing prior to delivering the final product. These technical and editorial errors should have no, or a very minor impact on the conclusions drawn in the document.

• Material in the document must be presented in a logical and unambiguous manner. All relevant data must be included in the document. The document must be accurate. Conclusions must be fully supported by data and information in the document.

COR Surveillance
CPARS/FAPIIS Reporting

CLAUSES INCORPORATED BY FULL TEXT

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):

www.acquisition.gov

(End of provision)

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):

www.acquisition.gov

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.203-3
Gratuities
APR 1984
52.203-12
Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.204-4
Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7
System for Award Management
OCT 2018
52.204-9
Personal Identity Verification of Contractor Personnel
JAN 2011
52.204-13
System for Award Management Maintenance
OCT 2018
52.204-16
Commercial and Government Entity Code Reporting
AUG 2020
52.204-18
Commercial and Government Entity Code Maintenance
AUG 2020
52.204-21
Basic Safeguarding of Covered Contractor Information Systems
JUN 2016
52.204-22
Alternative Line Item Proposal
JAN 2017
52.212-4
Contract Terms and Conditions--Commercial Items
OCT 2018
52.217-5
Evaluation Of Options
JUL 1990
52.228-5
Insurance - Work On A Government Installation
JAN 1997
52.232-18
Availability Of Funds
APR 1984
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-2
Service Of Protest
SEP 2006
52.233-3
Protest After Award
AUG 1996
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
252.201-7000
Contracting Officer's Representative
DEC 1991
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7005
Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7016
Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7018
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
DEC 2019
252.205-7000
Provision Of Information To Cooperative Agreement Holders
DEC 1991
252.209-7004
Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.215-7008
Only One Offer
JUL 2019
252.219-7003
Small Business Subcontracting Plan (DOD Contracts)
DEC 2019
252.223-7006
Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.223-7008
Prohibition of Hexavalent Chromium
JUN 2013
252.225-7012
Preference For Certain Domestic Commodities
DEC 2017
252.225-7048
Export-Controlled Items
JUN 2013
252.226-7001
Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.232-7010
Levies on Contract Payments
DEC 2006
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.243-7002
Requests for Equitable Adjustment
DEC 2012
252.244-7000
Subcontracts for Commercial Items
JUN 2013
252.247-7023
Transportation of Supplies by Sea
FEB 2019

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

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.

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.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.212-1 ADDENDUM

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS—ADDENDUM

Quotes shall be complete, and be organized into the following parts: Volume I – Price Proposal, Volume II – Technical Proposal, and Volume III – Past Performance. Quotes shall include a Cover Sheet and, if applicable, Teaming Arrangement/Joint Venture Documentation.

At a minimum, quotes must include the following to be eligible for award:

1. Cover Sheet with the following information:

1.1 Time specified in the solicitation for receipt of quotes: Wednesday, September 30, 2020, 09:00 AM (PT).

1.2 Company name;

1.3 Company address and remit to address if different than mailing address;

1.4 Company telephone number;

1.5 Company e-mail address;

1.6 Company point of contact(s);

1.7 SAM registration expiration date;

1.8 CAGE code;

1.9 DUNS number;

1.10 Acknowledge Solicitation Amendments, if applicable;

2. Volume I: Price Proposal and any discount terms with the following information:

2.1 Submit the Standard Form (SF) 1449, with blocks 12, 17a and b, and 30a through c completed with an original, authorized signature and the Contract Clauses section filled-in;

2.2 Quoters shall submit pricing on the CLINS/Schedule of the SF1499 solicitation. If submitting a partial quote, the quoter shall state “no bid” in lieu of pricing for each CLIN that is not quoted.

2.3 Submit a copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b)(2) for those representations and certifications that the quoter shall complete electronically); and

2.4 If applicable, submit all pages of each solicitation amendment(s) (SF 30) with the original solicitation documents, signed by the same official authorized to sign the SF 1449.

2.5 Pricing shall annotate the unit price under each CLIN respectively. The annotated unit price multiplied by the quantity shall equal the total amount for each CLIN. Quoted unit pricing shall be stated in no more than 2 decimal places. Any price quote containing unit pricing exceeding two (2) decimal places will be deemed an incomplete submission.

2.6 Quoters shall provide prices in accordance with the CLIN structure for basic requirements (basic…

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