Solicitation M67861-21-Q-0021_Satellite Internet Service.pdf

SEE ADDENDUM

(No Collect Calls)

M6786121Q0021 18-May-2021

b. TELEPHONE NUMBER

504-697-8354

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 24 May 2021

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 X 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.

M678619. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRISTIAN A. DOMINGUEZ

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

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

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MARFORRES REGIONAL CONTRACTING OFFICE

MFR RCO

2000 OPELOUSAS AVE

NEW ORLEANS LA 70114

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 M21680 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DET, COMM SPT CO, 6TH COMM BN, MARFO

JAMES PEREZ

1 AVIATION ROAD FLOYD BENNENT FIELD

BROOKLYN NY 11234-7097

TEL: FAX:

FAX:

TEL: 504-697-8348 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$35,000,000

NAICS:

517410

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)

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.

M6786121Q0021

Section SF 1449 - CONTINUATION SHEET

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS

1 Combined Synopsis-Solicitation: This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued.

2 Brand Name or Equal: This is a Competitive Brand Name or Equal solicitation under FAR Part 12 using FAR Part 13 procedures for a firm-fixed price contract for the purchase of Satellite Internet Services. All responses to this solicitation should indicate whether the firm is quoting an equal product. Descriptive literature is required with all offers for equal products. Firms should submit sufficient descriptive literature to permit the contracting agency to assess whether the product proposed meets all the salient characteristics specified in the solicitation. Firms quoting "equal" items should provide the make, model, description of the items and product literature/brochures.

This agency will not be responsible for locating or obtaining any information not included on the face of the offer or a hardcopy attachment to the offer in a response to this solicitation.

3 Competitive Solicitation: This is a competitive solicitation under FAR Part 12 using FAR Part 13 procedures for a firm-fixed price contract. Firms should submit sufficient descriptive literature to permit the contracting agency to assess whether the product/services proposed meets all the salient characteristics or performance requirements specified in the solicitation.

4 Market Research: Market research conducted via World Wide Web (WWW), GSA Advantage, beta.sam.gov, Small Business Dynamic Search revealed that there is no reasonable expectation of obtaining two or more offers from small business concerns. FAR Part 19.502-2 (a) Each acquisition of supplies or services that has an anticipated dollar value exceeding $3,000 but not over $250,000 is automatically reserved exclusively for small business concerns and should be set aside for small business unless the contracting officer determines there is not a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery. Marine Forces Reserve Small Business Program Deputy Director concurs with this action.

5 Offer Submissions: Submit offers electronically via email to Christian.Dominguez1@usmc.mil and Samson.Wodajo@usmc.mil. All offers should include an overall total price in addition to individual pricing by contract line item (CLIN) as indicated in this solicitation. Emailed offers may not exceed 5MB in size due to server/network restrictions, multiple emails may be submitted if necessary to ensure timely and complete receipt of your offer, only pdf email attachments are authorized as any other email attachment types may be rejected by this agencies servers.

6 Award Basis: In accordance with FAR 15.101 Best Value Continuum procedures and outlined in FAR 52.212-2 Evaluation-Commercial Items instructions included in this solicitation, the Offeror(s) bid/proposal will be evaluated on the following award basis:

Lowest-priced technically acceptable (LPTA) source selection procedures. See the Technical Evaluation Template incorporated in FAR 52.212-2 in this solicitation (for Contractor awareness only).

7 Offers Accepted: The Government will accept all offers including open market. The Government will also accept offers from Ability One and Federal Prison Industry (FPI) if submitted in response to this solicitation. All applicable MAS contract provisions and clauses are applicable to this solicitation and to any resulting task/delivery order award.

8 Offers Considered: The Government will consider brand name or equal (BN/E) offers in response to this solicitation.

mailto:Submit mailto:Christian.Dominguez1@usmc.mil mailto:Samson.Wodajo@usmc.mil

9 Method of Invoicing/Payment: Wide Area Workflow (WAWF) in accordance with DFARS 252.232-7006 WAWF Instructions.

10 Customer Contact: Any direct customer contact by Offerors is not authorized during the solicitation phase or your offer may be at risk of being eliminated from consideration for this solicitation.

11 Solicitation Questions: NO PHONE CALLS will be accepted regarding this solicitation. ALL QUESTIONS in regards to this solicitation shall be sent in writing via email to Christian.Dominguez1@usmc.mil and Samson.Wodajo@usmc.mil. This strictly applies to questions from Industry and NOT an authorized method for offer submittal. All responses to Industry questions for competitive solicitations will be posted publicly via a solicitation amendment on the agency website solicited. All responses to Industry questions for sole source solicitations will be sent in writing via email for government and contractor records.

12 Award: The Government reserves the right to make award solely on initial offers received on an all or none basis or on a multiple award basis. If a partial award will not be accepted, so state on the face of your offer. The Government does not guarantee award in response to this solicitation.

13 Late Offers: Offers are considered late if not received by the solicitation closing date, time, and time zone.

Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) are submittted in accordance with all solicitation instructions before the deadline specified in the solicitation.

OFFERS SHALL INCLUDE THE FOLLOWING:

14 Company Identifiers/POC: CAGE code, DUNS number, Address, and Points of contact (POC)

15 Delivery/POP Dates: Delivery lead time after receipt of order for supplies and period of performance for services (including information technology manufacturer licensing and support) if different than listed in the delivery section of this solicitation. List by line item if the delivery lead time differs from one line item to another.

This should be visible on the face of the offer and not incorporated as a link or other attachment.

16 Prompt payment/discount terms: This will not be used to evaluate offers.

17 GSA/SEWP/BPA Offers: Contract number and expiration date should be included if offering under a GSA, SEWP or other contract. This should be listed per line item unless the contract vehicle is applicable to all line items.

18 Part Numbers: Manufacturer Part Number and Contractor Part Number (if different) is required for all contract line items in this solicitation.

19 Product Literature: Supply product descriptive literature or certification statement that the proposed product or service meets all salient characteristics listed in this solicitation and the Technical Evaluation Template provided with the solicitation.

20 Provisions/clauses/attachments/table listed below requires completion:

1. Offeror(s) should complete the following full-text provisions/clauses (if included in this solicitation) manually within this solicitation document or printed and completed manually by copying and pasting from this link http://www.acquisition.gov):

FAR 52.204-24 for all solicitations DFARS 252.239-7009 for information technology solicitations

2. Offerors should complete FAR 52.204-26 and FAR 52.212-3.

21 Solicitation Contract Line Item Number (CLIN) Structure: Potential Offerors should submit offers in the same CLIN structure as outlined in the solicitation for offer evaluation purposes. However, an alternate line item structure can be submitted as an additional attachment consolidating like line items and pricing for award consideration.

mailto:Christian.Dominguez1@usmc.mil mailto:Samson.Wodajo@usmc.mil http://www.acquisition.gov/

22 Assignment of Claims: Potential offerors that may need an Assignment of Claims as described in FAR 32.8 (copy/paste link into web browser: http://farsite.hill.af.mil/VFFARA.HTM) should include a statement on offer that "Assignment of Claims is required if selected for award." Assignment of Claims will not be used as an evaluation factor for award. However, all Assignment of Claims documentation should be submitted with offer or provided BEFORE accepting award for Contracting Officer determination. The Government reserves the right to disapprove a request for Assignment of Claims; vendor will be advised of disapproval prior to drafting of award so vendor may determine if it can still fulfill the contractual requirement without an Assignment of Claims. If request for Assignment of Claims is not included in offer or required documentation is not provided PRIOR to Contractor acceptance of award, the Contracting Officer may reject request for Assignment of Claims and award to the next qualified offeror.

23 System for Award Management (SAM.gov or beta.SAM.gov): Potential offerors not currently registered at SAM.gov should register (including completion of certifications and representations) to be considered for award.

Registration may take up to 10 business days to be visible at SAM.gov, therefore, affected offerors should provide proof of registration/date with offer submittal. Contact SAM.gov website points of contact if you need assistance with registration.

24Performance Based Services: The Government reserves the right to incorporate all or part of the successful offeror's proposal into any contract awarded pursuant to this solicitation. In the event of any conflict between the successful offeror's proposal, which is incorporated into the contract awarded pursuant to this solicitation, and any other portion of the contract, the conflict shall be resolved in favor of the contractual terms that were provided in the Government's solicitation. Moreover, in the event that the successful offeror's proposal exceeds any solicitation requirement it will become the minimum or threshold contract requirement.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

SATCOM SERVICES SUPPORT

ISO IRT COLONIAS

SECTION 1 - GENERAL INFORMATION

1.1 SCOPE OF WORK. The COLONIAS IRT Project will need to lease mobile Satellite Communications Services for medical and logistics teams.

1.2 CONTRACTOR POINT OF CONTACT. The contractor shall provide at least one (1) point of contact that will be available 24 hours/ 7 days per week, in case of any contingency. The Contracting Officer Representative (COR) will communicate all issues concerning rental equipment with the contractor’s POC throughout the Period of Performance (see section 6 Period of Performance).

1.3 Contracting Officer Representative (COR) will be identified prior to the award of the contract. The COR has no authority to change terms and conditions of the contract. Only a warranted Contracting Officer has the authority to change the terms and conditions of the contract.

SECTION 2 - DEFINITIONS

2.1 TECHNICAL DEFINITIONS PECULIAR TO THIS PWS.

2.1.1 Acceptance inspection - An inspection shall be performed on all terminals and equipment before placing them in service at the time the equipment is delivered. This inspection shows the overall condition of the terminals.

Discrepancies must be fixed before putting the terminals in service, if use of the terminals would aggravate the problem or if the discrepancy creates a safety hazard. The contractor shall provide the inspection sheets in accordance with the contractor’s standard procedures.

2.1.2 SATCOM – Any form of communication from ground terminal to a satellite.

2.1.3 VLEO and LEO – Very Low Earth Orbit and Low Earth Orbit satellites which exist between 500km and 2200km from the Earth’s surface.

2.1.4 Ku Band - The range of frequencies to be used between 11700MHz -21200 MHz downlink and 14000MHz – 14500 Mhz Uplink.

2.1.5 Mobile – Terminals and services able to be moved without any intervention of the company to another location and are able to be setup without any intervention of the company within a 22km diameter area.

2.1.6 Autolocating – Terminals which are able to connect to a satellite without user or operator intervention.

2.1.7 CISP – Commercial Internet Service Provider.

2.1.8 Remote Sites – Sites of service without an address or near established roads.

2.1.9 AES-128 – Advanced Encryption Standard 128 which is used from modem to modem encryption.

2.1.10 Contracting Officer Representative (COR)- is the Government’s Point of Contact assigned as a COR by the Contracting Officer to oversee and report the contractor’s performance. The COR is NOT authorized to make any changes to this contract. Only a warranted Contracting Officer (CO) is authorized to make changes to this contract.

In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase incurred as a result thereof.

SECTION 3 - GOVERNMENT FURNISHED PROPERTY AND SERVICES

3.1 Power/ Electricity. Government will provide a power source which will have industry standard power outlets and sockets.

SECTION 4 - CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 GENERAL. Contractor shall provide all services under Section 5.1 Task 1 at the remote sites active, and provide required comparable terminals under Section 5.1 Task 2. Terminals will be delivered within the timeframe agreed to in this contract and must meet the minimum acceptance criteria provided herein.

4.1.1 Records. The contractor should maintain records of transactions with the US Government and, upon request, make such records available to properly designated contract representatives within a reasonable period of time.

4.1.2 Equipment condition. The following minimum criteria shall be met at the time of the acceptance inspection:

Condition: New or refurbished equipment able to meet the requirements in Task 1.

SECTION 5- TASKS

5.1 TASK 1 SERVICES. The contractor shall provide the following services:

5.1.1 Connection. The contracted equipment shall make and maintain at a minimum 80Mbps Downlink and 10Mbps Uplink connection within 20 minutes of being powered on without user or company intervention apart from connection to Government-provided power source. The equipment shall be able to attain satellite connection over Ku Band when moved to another location within the original 22km diameter location without company intervention or action. The connection established shall be a VLEO or LEO satellite constellation to maintain a low latency connection. The logical connection should be directly to CISP. The terminal provided shall come with a router that is both Ethernet (RJ-45) capable and WiFi capable. These connections must be able to support 5 to 50 users per a terminal for real time medical and logistical needs.

5.1.2 Unlimited Data. No data cap and no throttling of connection after a certain data rate has been reached.

5.1.3 Advanced Encryption Standard. Shall be AES 128 or AES-256 from modem to modem connection.

5.1.4 Sotware Defined Modem. Shall not be a hardware modem, but an intergrated software modem.

5.2 TASK 2: TERMINAL SERVICES. The contractor shall provide the equipment that is listed below in accordance with the salient characteristics. BRAND NAME OR EQUAL IS ACCEPTED. Salient characteristics follow:

5.2.1 Terminal. Shall be as follows…

5.2.1.1 Termianl shall be autolocating, must be able to locate, acquire and attain full connection on its own wihtout user/operator/company intervention.

5.2.1.2 Terminal shall provide 100Mbps Downlink and 12Mbps-20Mbps uplink over Ku Band link to Satellite.

5.2.1.3 Terminal shall be able to operate without a physical address due to the remote nature of the area.

5.2.1.4 Terminal shall be able to connect to Low Earth Orbit Constellation.

5.2.1.5 Terminal shall be able to provide commercial internet service that support up to 50 users per terminal.

5.2.1.6 Terminal shall not be more than 40lbs. Must be able to be carried by (1) person.

5.2.1.7 Termianl shall not be taller than 2.5ft.

5.2.1.8 Termianl shall not be wider than 2.5ft.

5.2.2 CLIN: 0001 Ku Band SATCOM Terminals Quantity of Five (5)

Brand Name Equivalent: ____Starlink Terminal____

• Quantity: 5

• Measurements approximately: length: 25” width: 25” _ height: 27” weight: 40lbs

• Power: 110V – 125V AC/DC

• Terminal Band: Ku Band

• Bandwidth Speeds: 80Mbps-100Mbps Downlink, 8Mbps – 20Mbps Uplink per terminal

• Encryption: At least AES-128

• Able to operate in remote areas without addresses

• Come with a Wireless Router, Power plugs, and tripod mount.

Delivery/ Pickup: 3 June 2021 until 30 June 2021.

5.2.3 CLIN: 0002 Ku Band SATCOM Services One (1) Month

Brand Name Equivalent: Starlink Constellation

• VLEO/LEO Constellation: Shall be between 500km and 2200km from the Earth’s Surface

• Ku Uplink and Downlink capable of handling speeds of at least 80Mbps Downlink, and 8Mbps Uplink per terminal Delivery/ Pickup: 3 June 2021 until 30 June 2021.

SECTION 6- PERIOD OF PERFORMANCE

6.1 Period of Performance will start on 09 June 2021 and will end on 30 June 2021.

6.2 Operational Tempo. The terminals will be operated 24 hour work days, 7 days a week

6.3 Delivery location will be 1 Aviation Rd, Brooklyn, NY 11234.

6.3.1 Contractor shall provide a return lable to ship equipment back to contractor from Brooklyn , NY.

6.4 Area of Operation will be various areas within Nueces County Texas (West of Corpus Christi) in Remote Areas.

SECTION 7- POINTS OF CONTACT

7.1. GENERAL. This section identifies the points of contact of this contract.

7.1.1. Contracting Officer- Gunnery Sergeant Krissia Avelares Valle / TBD / TBD

7.1.2. Contracting Specialist: ? / TBD / TBD

7.1.3. Contracting Officer Representative: Staff Sergeant Andersen / TBD / TBD

SECTION 8- PERFORMANCE MEASUREMENT

8.1 PERFORMANCE REQUIREMENTS SUMMARY

Task or Deliverable Performance Standard Acceptable Quality Level (AQL)

Surveillance Method Performance Measure

PWS Paragraph 5.1 The contracted equipment shall make and maintain at a minimum 80Mbps Downlink and 10Mbps Uplink connection within 20 minutes of being powered on.

99% Compliance -Government Representative check.

-Operators complaints

No more than 1 connection intereption per 24 hours of service.

PWS Paragraph 5.1 The equipment shall be able to attain satellite connection over Ku Band when moved to another location within the original 22km diameter location without company i t ti ti

99% Compliance -Government Representative check.

-Operators complaints

100% of locations shall be able to attain satelltie connection

PWS Paragraph 5.1

Unlimited Data. No data cap and no throttling of connection after a certain data rate has been reached.

99% Compliance -Government Representative check.

-Operators complaints

100% uninterpreted unlimited data connection.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5 Each Ku Band SATCOM Terminals

FFP

Measurements approximately: length: 25” width: 25” _ height: 27” weight: 40lbs Power: 110V – 125V AC/DC Terminal Band: Ku Band Bandwidth Speeds: 80Mbps-100Mbps Downlink, 8Mbps – 20Mbps Uplink per terminal Encryption: At least AES-128 Able to operate in remote areas without addresses Come with a Wireless Router, Power supply, and tripod mount FOB: Destination

PSC CD: DG10

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 5 Each Ku Band SATCOM

FFP

VLEO/LEO Constellation: between 500km and 2200km from the Earth’s Surface Ku Uplink and Downlink capable of handling speeds of at least 80Mbps Downlink, and 8Mbps Uplink per terminal

PSC CD: DG10

NET AMT

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 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 03-JUN-2021 5 DET, COMM SPT CO, 6TH COMM BN,

MARFO

JAMES PEREZ

1 AVIATION ROAD FLOYD BENNENT

FIELD

BROOKLYN NY 11234-7097

M21680

0002 03-JUN-2021 5 (SAME AS PREVIOUS LOCATION)

M21680

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

OCT 2020

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

JUN 2020

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

Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.247-34 F.O.B. Destination NOV 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

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

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

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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 (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.

https://dibnet.dod.mil/ https://dibnet.dod.mil/

(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) Representations.

(1) 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)

52.212-2 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:

Basis of Single Award - Lowest Price Technically Acceptable (LPTA)

1. Offers will be evaluated using a single award lowest price technically acceptable (LPTA) process among cost or price and non-cost factors. The actual evaluation basis is incorporated into this solicitation for offeror reference only and may not include or be all inclusive of items evaluated. The final completed version is for Government Official Use Only. The following factors should be used to evaluate offers: Technical Acceptability is defined as meeting all the tasks and delivery schedule stated in the Performance Work Statement (PWS).

(i) Technical Acceptability will be evaluated by comparing the offeror’s quote to the tasks and delivery schedule in the PWS. The offeror shall include descriptive narrative in the quote to ensure that the tasks and delivery schedule are meet in accordance with the PWS, for evaluation purposes.

(ii) Price will be evaluated to determine offer fair and reasonable.

(iii) Past Performance will be evaluated to determine responsibility of the offeror to satisfy the requirement. Technical Acceptability (i) will be the primary evaluating factor for this requirement followed by Price (ii) then Past Performance (iii) in order of precedence.

2. Past performance will be rated on an "acceptable" or "unacceptable" basis. The apparent successful, prospective contractor must have acceptable past performance. The Contract Performance Assessment Reporting System (CPARS)/Federal Awardee Performance and Integrity Information Sysem (FAPIIS) application (https://www.cpars.gov) will be used in the evaluation of contractors' past performance history for the FSC/PSC of the services being purchased. Any contractor with negative past performance in the past 3 years for the same FSC/PSC services being procured in this solicitation will be rated as 'unacceptable'. If no record of negative past performance can be found, the contractor may not be evaluated favorably or unfavorably on past performance.

In the case of an apparent successful, prospective contractor without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the contractor may not be evaluated favorably or unfavorably on past performance.

https://www.sam.gov/

Therefore, the contractor shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" will be considered "Acceptable."

TECHNICAL EVALUATION WORKSHEET FOR LOWEST PRICE TECHNICALLY ACCEPTABILITY

DETERMINATION (v8.22.2019)

PR / Nomenclature:M21680-21-SU-F3LWX/ Satellite Internet Services Solicitation #: M67861-21-Q-0021

TECHNICAL ACCEPTABILITY SECTION 1: Workplace Solutions Inc.

Salient Characteristics or SOW/PWS Tasks Technically

Acceptable

Not Technically Acceptable

Explain in Detail Why Bid Not Technically Acceptable

5.1.1 Connection. The contracted

equipment shall make and maintain at a minimum 80Mbps Downlink and 10Mbps Uplink connection within 20 minutes of being powered on without user or company intervention apart from connection to Government-provided power source. The equipment shall be able to attain satellite connection over Ku Band when moved to another location within the original 22km diameter location without company intervention or action. The connection established shall be a VLEO or LEO satellite constellation to maintain a low latency connection. The logical connection should be directly to CISP.

The terminal provided shall come with a router that is both Ethernet (RJ-45) capable and WiFi capable. These connections must be able to support 5 to 50 users per a terminal for real time medical and logistical needs.

5.1.2 Unlimited Data. No data cap and

no throttling of connection after a certain data rate has been reached.

5.1.3 Advanced Encryption Standard.

Shall be AES 128 or AES-256 from modem to modem connection.

5.1.4 Sotware Defined Modem. Shall not

be a hardware modem, but an intergrated software modem.

5.2.1.1 Termianl shall be autolocating, must be able to locate, acquire and attain full connection on its own wihtout user/operator/company intervention.

5.2.1.2 Terminal shall provide 100Mbps

Downlink and 12Mbps-20Mbps uplink over Ku Band link to Satellite.

5.2.1.3 Terminal shall be able to operate

without a physical address due to the remote nature of the area.

5.2.1.3 Terminal shall be able to operate

without a physical address due to the remote nature of the area.

5.2.1.4 Terminal shall be able to connect

to Low Earth Orbit Constellation.

5.2.1.5 Terminal shall be able to provide

commercial internet service that support up to 50 users per terminal.

5.2.1.6 Terminal shall not be more than

40lbs. Must be able to be carried by (1) person.

5.2.1.7 Termianl shall not be taller than

2.5ft.

5.2.1.8 Termianl shall not be wider than

2.5ft.

5.2.2 CLIN: 0001 Ku Band SATCOM

Terminals Quantity of Five (5) Brand Name Equivalent: ____Starlink Terminal____

• Quantity: 5

• Measurements approximately: length:

25” width: 25” _ height: 27” weight:

40lbs

• Power: 110V – 125V AC/DC

• Terminal Band: Ku Band

• Bandwidth Speeds: 80Mbps-100Mbps Downlink, 8Mbps – 20Mbps Uplink per terminal

• Encryption: At least AES-128

• Able to operate in remote areas without addresses

• Come with a Wireless Router, Power plugs, and tripod mount.

Delivery/ Pickup: 3 June 2021 until 30 June 2021.

5.2.3 CLIN: 0002 Ku Band SATCOM

Services One (1) Month

Brand Name Equivalent: Starlink Constellation

• VLEO/LEO Constellation: Shall be between 500km and 2200km from the Earth’s Surface

• Ku Uplink and Downlink capable of handling speeds of at least 80Mbps Downlink, and 8Mbps Uplink per terminal Delivery/ Pickup: 3 June 2021 until 30 June 2021.

Delivery to:

1 Aviation Rd, Brooklyn, NY 11234 ATTN: James Perez

Technical Evaluator's Certification: I certify that the salient characteristics or SOW/PWS tasks listed above (including any referenced attachments) have been thoroughly reviewed for accuracy and completeness and are either deemed technically acceptable or not as annotated above and meet the minimum requirements for this procurement to the best of my knowledge and belief.

Technical Evaluator's Printed Name Signature Date

3. Offer will be ranked lowest to highest according to price. The lowest price offer will be forwarded to the requiring activity for technical evaluation (offer will be deemed either technically acceptable or technically unacceptable). If the lowest price offer is found technically acceptable and its price is determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price offer. If the lowest priced offer is determined technically unacceptable, the next lowest priced offer will be sent for technical evaluation and price analysis. This process is repeated in order of price until a offer is deemed technically acceptable, past performance evaluation performed, and price is determined fair and reasonable. The actual evaluation template is incorporated into this solicitation for offeror reference only and may not include or be all inclusive of items evaluated. The final completed version is for Government Official Use Only.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(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.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"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)).

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as…