v1_W90VN922R0042.pdf

PDF 719 KB Posted Apr 25, 2022

Attached to: Purchase & Installation of UPS
Solicitation number: W90VN922R0042
Issued by: Department of the Army Materiel Command Army Contracting Command

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SEE ADDENDUM

(No Collect Calls)

W90VN922R0042

b. TELEPHONE NUMBER

315-763-5686

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 6 May 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

25-Apr-2022

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W90VN99. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MS. YI, KUM SON

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011745609

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

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCO DAEGU, UNIT #15682

APO AP 96218-5682

UNITED STATES

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 W50TMZ 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

REGIONAL CYBER CENTER

KEVIN D. CRUISE

UNIT 15760

APO AP 96218-5760

UNITED STATES

TEL: 315-763-6007 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

334111

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.

W90VN922R0042

Section SF 1449 - CONTINUATION SHEET

GENERAL INFORMATION

1. All sources may submit a proposal or quote as applicable. However, the Republic of Korea (ROK)-United States (U.S.) Status of Forces Agreement (SOFA), precludes the U.S. Government from granting Invited Contractor or Technical Representative Status to any offeror, for this requirement. All sources submitting a proposal or quote, as applicable, including U.S. sources, must already have, or obtain the requisite business licenses directly from the ROK Government, and conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. Any contractor not already doing business in Korea as a local source, must submit adequate verification in its initial proposal or quote, that it has the requisite authorization and capacity to compete for the requirement as a local source, and to perform the contract as a local source. If an initial proposal does not fully demonstrate this authorization and capacity, it will not be further considered for award. Whether an offeror qualifies as a local source shall be determined by the Contracting Officer.

2. LOCAL CONTRACTORS:

The proposed acquisition will be limited to local contractors. All required material, labor, transportation, and facilities and these supply items are available locally. There is nothing inherently difficult about the project that requires the presence of invited contractors.

3. The Price Proposal should be Korea Won (₩).

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Replacement Parts

FFP

Replacement Parts (Hard Ware and Soft Ware) for APC Symmetra PX80KW (2 Sets) with One (1) Year Manufacturer (Schneider/APC) Warranty. Parts must come from Schneider and not refurbished equipment.

See attached detailed parts information.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011745609

PSC CD: 7035

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

INSTALLATION & START UP CHARGES

FFP

Installation and Start Up for 2-Uninterruptible Power Supply (UPS) FOB: Destination

PURCHASE REQUEST NUMBER: 0011745609

PSC CD: 7035

NET AMT

Detailed Part Information for Item No. 0001

Item Part Number Description Q'ty Unit 1 WSYPM10KF2 Symmetra PX 10KW Power Module with Back Plans 18 EA 2 WSYSW80KF Symmetra PX Static Switch Module 2 EA 3 WSYMIM4 Symmetra PX Intelligence Module 4 EA 4 WSY2CSPS System Power Supply Unit 4 EA 5 0J-0P4840A PCB ASSY In/Out EMI Filter 6 EA 6 WSYCDCI Display and Computer interface card 2 EA 7 WSYCSGMON Switch gear monitoring card 2 EA 8 AP9640 UPS Network Management Card with PowerChute Shutdown 2 EA 9 WAP9215RM APC PowerView UPS Management Display Rack Mount 2 EA

10 WSYCXRCOM Battery communication card 5 EA 11 WSYCBTMON Symmetra PX Battery Monitoring Card 6 EA 12 SYBTU1-PLP Battery module 8 x 12V 7A/H 96 EA 13 0J-0M-5103A APC InfraStruXure PDU with LCD Display 1 EA

*ALL ITEMS ARE “BRAND NAME ONLY”

APC Symmetra PX 80kW

APC Symmetra PX 80KW with Premium XR Battery Enclosure, 480V is a high-efficiency 3-phase UPS that is scalable as your data center grows up to 80KW/100KVA. Suitable for small to medium data centers or individual zones of large data centers. Our refurbished APC Symmetra PX 80 kW with Premium battery enclosure 480v carries a one year warranty and can usually ship within 48 hours of receiving your purchase order Add Options

• Power Distribution with Maintenance Bypass 480 volt or 208 volt input available.

• Increase run time with additional Premium Battery Cabinet

• Power module SYPM10KF2 for N+1 Redundancy or to keep a spare on site.

• Service options – service agreements are available from local providers.

Output

• Output Power Capacity- 80 kW / 80 kVA

• Max Configurable Power- 100 kW / 100 kVA

• Nominal Output Voltage- 120V,208V,480v – 3PH

• Output Voltage Distortion- Less than 3%

• Output Frequency (sync to mains)- 57 – 63 Hz for 60 Hz nominal

• Crest Factor- Unlimited

• Waveform Type- Sine wave

• Output Connections- (1) Hard Wire 5-wire (3PH + N + G

• Bypass- Built-in Static Bypass Input

• Nominal Input Voltage- 480V 3PH

• Input Frequency- 50/60 Hz +/- 5 Hz (auto sensing)

• Input Connections- Hard Wire 5-Wire (3PH+N+G)

• Input voltage range for main operations- 480V

• Maximum Short Circuit Withstand (Icw)- 30.0 kA Batteries

• Typical recharge time- 2 hour(s)

• Replacement Battery- SYBT9 Communications & Management

• Interface Port(s)- SmartSlot

• Available SmartSlot™ Interface Quantity * 2

• Pre-Installed SmartSlot™ Cards * AP9617

• Audible Alarm- Alarm when on battery : distinctive low battery alarm : configurable delays

• Emergency Power Off (EPO)- Yes Physical

• Maximum Height – 81.50 inches (2070 mm)

• Maximum Width – 48.00 inches (1219 mm)

• Maximum Depth – 35.50 inches (902 mm)

• Rack Height- 42U

• Net Weight – 3256.00 lbs. (1480.00 kg)

• 91.00 inches (2311 mm) Environmental

• Operating Environment- 32 – 104 °F (0 – 40 °C)

• Operating Relative Humidity- 0 – 95 %

• Operating Elevation- 0-10000 feet (0-3000 meters)

• Storage Temperature- 5 – 104 °F (-15 – 40 °C)

• Storage Relative Humidity- 0 – 95 %

• Storage Elevation- 0-50000 feet (0-15000 meters)

• Audible noise at 1 meter from surface of unit- 71.00 dBA

• Online Thermal Dissipation 22744.00 BTU/hr

• Protection Class- NEMA 1 Conformance

• Regulatory Approvals- cUL Listed,CSA,FCC Part 15 Class A,ISO 14001,ISO 9001,UL 1778

APC Symmetra PX 10 kW Power Module – SYPM10KF2 Brand: APC Somerset Power Services can provide you with refurbished power modules, including the 10 kVA APC Symmetra PX power module – SYPM10KF2. Our price includes a one year replacement warranty. Power modules are not just repaired we take in many steps more by providing pro-active repair of high failure components, capacitors, switch and other vital components. Somerset Power Services can provide you with refurbished power modules, including the 10 kVA APC Symmetra PX power module – SYPM10KF2. Our price includes a one year replacement warranty. Power modules are not just repaired we take in many steps more by providing pro-active repair of high failure components, capacitors, switch and other vital components.

Environmental

• Humidity Range Operating- 0 – 95%

• Max Operating Temperature- 104 °F

• Min Operating Temperature- 32 °F

• Sound Emission- 64 dBA Power Device

• Efficiency- 94.7%

• Form Factor- Plug-in module

• Frequency Provided- 60 Hz

• Frequency Required- 60 Hz

• Input Voltage Range- AC 177 – 239 V

• Input Wiring- 3-phase

• Power Capacity (VA)- 10000 VA

• Power Device Features- Audible alarm

• Power Provided- 10 kW

• UPS Output Waveform- Sinewave

• Voltage Provided- AC 208 V

• Voltage Required- AC 208 V Dimensions & Weight

• Depth- 27.6 in

• Height- 5.2 in

• Weight- 55.23 lbs

• Width- 19 in Dimensions & Weight (Shipping)

• Shipping Depth- 31.3 in

• Shipping Height- 8.9 in

• Shipping Weight- 61.8 lbs

• Shipping Width- 23.4 in https://www.somersetpowersystems.com/wp-content/plugins/woocommerce-brand-plugin/include/brand.php?&brand_id=4

PERFORMANCE WORK STATEMENT

Uninterruptible Power Supply (UPS) replacement Parts (RED) with Manufacturer Warranty Service for USA Regional Cyber Center – Korea Bldg 315 on Camp Walker.

1. General: The Contractor shall provide all personnel, tools, equipment, supplies, transportation, and other items or services necessary for replacement parts of Uninterruptible Power Supply (UPS) systems(2ea) at USA Regional Cyber Center – Korea Bldg 315 on Camp Walker.

1.1 The Contractor shall provide and replace UPS parts and disposal old materials.

1.2 The Contractor shall submit 1 year Manufacturer (Schneider/APC) warranty.

1.3 The Contractor shall provide 24/7 technical support and 24 hours response time to onsite troubleshoot.

The hardware/parts replacements shall be completed within 48 hours of determining that part replacement is required.

The Contractor shall provide 24-hour emergency maintenance restoration due to the critical nature of the network.

The services must perform by a Schneider/American Power Corp authorized service contractor with Certified Engineer.

2. Contractor Qualification. The Contractor must be Schneider/APC UPS authorized dealer in Korea with APC Certified Engineer to conduct the UPS Warranty/maintenance business in USFK.

2.1. The Contractor shall maintain the APC/Schneider service license and a certification for certified Engineer from Schneider/APC to perform UPS Warranty/maintenance service.

2.2. The Contractor shall ensure employees have a current and valid driver’s license before allowing the employee to operate a contractor-owned vehicle on the base. A copy of all licenses shall be provided to the Contracting Officer Representative (COR)/Contracting Officer within ten (10) days after contract award.

2.3. All personnel employed by the Contractor in the performance of this contract, or any representative of the contractor entering the Government installation, shall abide by all the regulations of the installation which may be in effect during the contract period.

2.4. The Contractor shall perform warranty services.

3. Hours of Operation.

3.1. USA Regional Cyber Center – Korea provide services 24 hours a day, 365 days a year.

3.2. Operation Hours of Facility management, USA Regional Cyber Center – Korea. 0730 – 1630, Monday to

Friday.

4. Specific Tasks.

4.1. The Contractor shall provide technical support 24 hours a day, 365 days a year by telephone, web, or email when needed.

4.2. The Contractor shall have a technical certification from the American Power Corp to perform the proper service to the APC Symmetra systems.

4.3. The Contractor shall provide the onsite troubleshoot within 8 business hours from the trouble call received.

4.4. Hardware repair/replacement shall be completed within 48 hours of determining that part replacement is required during a standard work week. (24 hours per day, 7 days per week)

4.5. The Contractor shall replace ups parts with the same original manufacture parts for following system:

MODEL No. SERIAL No. SYSTEM

APC Symmetra PX -RED ED0513000215 Camp Walker, BD315

APC Symmetra PX -RED ED0511000136 Camp Walker, BD315

4.6. 24-hour emergency maintenance restoral. At the time of notification of a system failure, the Contractor is required to respond within 24-hours to the site to begin evaluation of the issue and the required resolution.

4.7. The Contractor shall submit to the COR written report of any warranty service within 24 hours after completion.

5. Safety Requirements. The Contractor shall be responsible for ensuring that respective military safety regulations and manuals are followed. Unsafe practices and/or conditions will be immediately called to the attention of the contract manager for remedial or corrective action. Conditions beyond the contractor’s responsibility will be referred to the COR for corrective action. Contractor’s employees shall be thoroughly indoctrinated on safe operating procedures and precautions essential to the safe and efficient accomplishment of their tasks.

5.1. Personnel and Equipment Safety.

5.1.1. The Contractor shall perform requirements in a manner to protect buildings, persons, materials, and equipment from damage and any harm or injury. The Contractor shall exercise safety precautions as necessary to prevent safety hazards to personnel, materials, and equipment.

5.1.2. The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the COR and shall notify the COR of the corrective action to be taken. Such notice when delivered to the contractor or its representative at the site of work shall be deemed sufficient for this purpose. The Government assumes no responsibility or duty to inspect. The Contractor shall be responsible for ensuring that the equipment is in a safe operating condition, that it is used in a safe manner, and that it is used in a safe environment and condition.

6. Security.

6.1. Installation Access. The Contractor shall comply with the local installation and access to data centers must be escorted by US Army Corp of Engineers- Far East District personnel.

6.2. Vehicle Registration. The data centers are located on restricted access military installations. The Contractor shall comply with the local installation requirements for vehicle registration and operation on the military installation. The Contractor must register their vehicles with the office responsible for vehicle registration to gain access onto the military installation. A valid driver’s license, government-furnished civilian identification, proof of insurance and current registration must be presented to the Provost Marshal’s Office, at which time a DoD decal will be issued. The decal shall be placed on the vehicle’s front windshield in accordance with instructions.

6.2.1. All vehicles, with or without a DoD decal, are subject to search. The Contractor may encounter long delays for vehicle inspection and identification checks upon entering and exiting the installation. The Government will not reimburse the contractor for time spent at installation checkpoints. Delays at these checkpoints will not relieve the Contractor of its obligation to perform services at the locations and at the times required under this contract.

6.2.2. The Contractor shall follow installation procedures for removal and turn-in of the vehicle decal upon termination of services under this contract.

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 17 weeks ADC 1 REGIONAL CYBER CENTER

KEVIN D. CRUISE

UNIT 15760

APO AP 96218-5760

UNITED STATES

315-763-6007 FOB: Destination

W50TMZ

0002 17 weeks ADC 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W50TMZ

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

DEC 2021

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

DEC 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2021

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2021

52.247-34 F.O.B. Destination NOV 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government

JUN 2010

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

252.225-7012 Preference For Certain Domestic Commodities MAR 2022 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.229-7006 Value Added Tax Exclusion (United Kingdom) DEC 2011 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

(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);

(ii) For covered services--

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

(End of provision)

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

2020)

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

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

(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.

https://www.sam.gov/

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(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 the threshold at 9.104-5(a)(2) 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.

(End of provision)

ADDENDUM TO FAR 52.212-1

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (NOV 2021)

I. INSTRUCTIONS FOR QUOTATION SUBMISSION

1. Proposal shall be submitted to the SAM.GOV website (https://sam.gov/). The Government requests all questions be emailed to Mrs. Yi, Kumson, Contract Specialist, email: kumson.yi.civ@army.mil within three (3) working days (28 April 2022) after the solicitation is issued. The electronic bid shall be submitted by the closing date and time of the solicitation. Partial offer will not be accepted.

2. Closing date (Local Date/Time): Friday 6 May 2022, 1300 hours (South Korea Time)

3. Confirmation of submittal requirement prior to the solicitation closing date and time is offeror’s responsibility.

4. Failure to submit as required shall be grounds for determining the offer technically unacceptable, and ineligible for contract award. The government reserves the right to make a contract award determination without any discussions with offerors.

5. Award will be made to the responsible offeror submitting the lowest priced, technically acceptable (LPTA) offer that satisfies all terms and conditions of this solicitation and who is determined to be responsible in accordance with

FAR 9.104-1.

II. SUBMITTAL REQUIREMENTS

1(a) Technical Capability: Technical evaluation factors are equal to price. Offerors who fail to submit all the specified information will not be considered for award.

(i) Sub-factor A

Specification for the proposed items (Brand Name Only). The offeror shall submit the detailed specification for the proposed items along with the quotation, even if the quoter proposed the same item. The item must meet the salient characteristics by stating the description/specification of each listed item including manufacturer name and model/part number. Quoters who fail to submit all the specified information will not be considered for award.

Qualified Engineer:

The offeror shall submit Engineer’s resume with a minimum of two (2) years' experience as an Engineer performing in UPS warranty/maintenance service. Must be Schneider/APC UPS authorized dealer in Korea with APC Certified Engineer to conduct the UPS Warranty/maintenance business in USFK. The Engineer’s resume must clearly identify the items as required below:

• Full Name of Engineer

• Description of qualifying work experience

• Length of experience (year/month/date – year/month/date)

• Value of contract/project in WEIGHT for total amount

• Company Name/Employer, phone number of validating point of contact (POC)

The offeror must show proof that the APC Schneider service license and a certification for certified Engineer from Schneider/APC to perform UPS Warranty/Maintenance Service.

Note: Copy and paste of salient characteristics of solicitation for each item in the quotation is not acceptable and will not be considered for award.

(ii) Sub-factor B – Warranty: The offeror shall provide one (1) year warranty. The offeror shall include the warranty information for the proposed items. Offers that do not include this information will be deemed technically unacceptable.

1(b) Price: The offeror shall provide a price proposal for this requirement that is reflective of the level of work effort detailed in the specification. The proposal shall be detailed and incorporate all costs associated with this procurement. Proposed prices will be evaluated in accordance with FAR 13.106-3.

2. All offeror(s) shall provide the price proposal in Korea Won (KRW).

3. Delivery Lead Time: Quotation(s) shall specify delivery date and shall meet the delivery terms of the solicitation.

4. Partial quotation is not acceptable. Award will be on an all or none basis.

5. Failure to submit the above requirements may indicate the offeror fails to understand the requirement, and may be grounds for determining the proposal to be technically unacceptable and ineligible for contract award.

(End of provision FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (NOV 2021)

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

See Addendum to FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (NOV 2021)

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

ADDENDUM TO FAR Clauses 52.212-2 EVALUATION – COMMERCIAL ITEMS (NOV 2021)

In accordance with FAR 15.101-2, the Government will award a FFP contract resulting from this solicitation to the responsible offeror submitting the lowest priced, technically acceptable offer that satisfies all terms and conditions of this solicitation.

Award will be made to the responsible Offeror submitting the Lowest Priced, Technically Acceptable (LPTA) offer that satisfies all terms and condition of the solicitation. Offers will be evaluated for acceptability, but not ranked using non-price factors/subfactors. All non-price factors and subfactors will be rated as either “acceptable” or “unacceptable”. In order to be considered for award, there must be an “acceptable” rating in every non-price factor/subfactor. In other words, a rating of “unacceptable” for any factor or subfactor will result in the entire offer being rated “unacceptable”.

The following ratings will be used in evaluating all non-price technical factors and subfactors.

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

In order to be considered for award, there must be an “acceptable” rating in every non-price factor/subfactor. In other words, a rating of “unacceptable” for any factor or subfactor will result in the entire offer being rated “unacceptable”.

Factor A – Technical Capability: Technical capability evaluation factor(s) are equal to price.

Specification for the proposed items: This factor evaluates the Offeror’s technical capability to provide descriptions/specification of each listed item with picture view including manufacturer and model/part number as required on the solicitation.

(i) Sub-factor A

The offeror shall be evaluated on submitted the detailed specification for the proposed items along with the quotation, even if the quoter proposed the same item. The item must meet the salient characteristics by stating the description/specification of each listed item including manufacturer name and model/part number. Quoters who fail to submit all of the specified information will not be considered for award.

Qualified Engineer:

The offeror shall be evaluated on having at least two (2) years of experience as an Engineer performing in UPS warranty/maintenance service. Must be Schneider/APC UPS authorized dealer in Korea with APC Certified Engineer to conduct the UPS Warranty/maintenance business in USFK. The Engineer’s resume must clearly identify the items as required below:

• Full Name of Engineer

• Description of qualifying work experience

• Length of experience (year/month/date – year/month/date)

• Value of contract/project in WEIGHT for total amount

• Company Name/Employer, phone number of validating point of contact (POC)

The offeror shall be evaluated on having the APC Schneider service license and a certification for certified Engineer from Schneider/APC to perform UPS Warranty/maintenance service.

(ii) Sub-factor B – Warranty: The offeror shall be evaluated on submitted the warranty information.

1(b) Price: Price analysis will be conducted for each proposal to ensure completeness, reasonableness, and unbalance IAW FAR 15.404-1(b).

(End of ADDENDUM to FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (NOV 2022)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

_X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

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

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

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

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

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

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C.

657f).

____ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

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

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

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

_X__(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022)…

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