W15QKN-23-Q-5031 Pittsfield MA Snow.docx

W15QKN23Q5031

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTIONS OT OFFERORS

Addendum to FAR Clause 52.212-1, Instructions to Offerors – Commercial Items

1. The United States Army Contracting Command – New Jersey (ACC-NJ) has a requirement in support of the 99th Readiness Division (RD) for Snow and Ice Removal Services at the Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201. The contractor shall provide all personnel, supplies, supervision, tools, materials, equipment, transportation, fuel and other items necessary to provide snow and ice removal services in accordance with the Performance Work Statement (PWS).

Period of Performance

The period of performance shall be for one, 12-month base period and four, twelve-month option periods.

2. Contractor must have an “Active” registration in System for Award Management (SAM) to be considered for award. To obtain information on SAM or to register with SAM visit the web site at: https://www.sam.gov.

3. A site visit is not mandatory but it is highly recommended. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The site visit date(s) and time(s) are below:

Tuesday 31 January 2023 10:00 – 11:00 AM Wednesday 01 February 2023 10:00 – 11:00 AM

RFOS- Michael King michael.j.king61.civ@army.mil AFOS- Alex Ortiz alex.velez-ortiz.ctr@army.mil

** ALL VENDORS MUST CONTACT THE POC BELOW VIA EMAIL IF THEY PLAN TO ATTEND.

PLEASE ADIVE WHAT DATE YOU WILL BE ATTENDING. **

4. Questions shall be emailed to the Contract Specialist, Theresa Eckstein at theresa.m.eckstein.civ@army.mil AND the Contracting Officer, Sharon Wilson-Emmons at sharon.wilson-emmons.civ@army.mil no later than 03 February 2023, by 9:00 AM EST. Questions must specify the section or paragraph of the Performance Work Statement (PWS) for which the clarification is desired.

5. Contractor offers shall be submitted via email no later than 08 February 2023 at 10:00 AM EST to Theresa Eckstein at theresa.m.eckstein.civ@army.mil AND Sharon Wilson-Emmons at sharon.wilson-emmons.civ@army.mil . All offers shall include the following:

a. Pricing for all Contract Line Item Numbers (CLINs). Unit price and total price should also be included on the SF 1449.

b. Technical Capability Statement to include: CAGE Code, DUNS Number, and business-size standard under the applicable NAICS: 561790 – Other Services to Buildings and Dwellings, and a description of your ability to perform the services to include any subcontracting. SEE EVALUATION – COMMERCIAL ITEMS PROVISION for additional information.

c. Complete blocks 17a, 30a, 30b and 30c of the SF 1449 as well as signing/acknowledging any amendments. In doing so, the offeror accedes to the contract terms and conditions as written in the Request for Quote.

d. Copy of insurance certificate meeting minimum requirements identified in Federal Acquisition Regulation Subpart 28.307-2 must be submitted with offer.

6. All offers shall remain valid for 120 calendar days.

7. Multiple offers will not be accepted.

8. Attachments:

Attachment 0001 PWS-Snow Removal-FY23-Rev 2-No CMR-1 Attachment 0002 MA018_SNOWREMOVALMAP_NOV2022-CUI Attachment 0003 SWD Pittsfield MA SNOW

BASIS FOR AWARD / EVALUATION CRITERIA

** THIS SOLICITATION IS SET ASIDE 100% FOR SMALL BUSINESS **

1. 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 basis for award of any contract resulting from this solicitation will be meeting the requirements of the solicitation based on technical capability, lowest price. The Government intends to award a single Firm Fixed Price (FFP) contract utilizing FAR Part 12 and FAR 13.5.

2. The Government intends to award a contract without discussions with respective offerors, so offerors should submit their best offer initially. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

3. Award shall be made to a single contractor. Award will be made to the technically acceptable, responsible, responsive offeror that meets the requirements of the Specifications of Work/attachments and this solicitation. SEE 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) FOR ADDITIONAL INFORMATION.

A. PRICE:

1. Proposals will include unit prices for each line item listed and a total price, in order that proposals may be properly evaluated; completed SF1449 and any amendments; insurance certificate IAW FAR Subpart 28.307-2.

2. The Government will evaluate offers for award purposes by adding the total price for all Contract Line Item Numbers (CLIN) for the total evaluated price. In the event there is a difference between a unit price and the total CLIN amount, the unit price will be held as the intended price multiplied by the number of units. If the offeror shows only the total amount but fails to submit a unit price, the total CLIN amount divided by the quantity will be held as the intended price.

B. The Past Performance Information Retrieval System and Federal Awardee Performance & Integrity Information Systems as well any other Government-sponsored information available may be utilized to help make a responsibility determination in accordance with FAR Subpart 9.104.

C. Failure to provide the requested information may deem the proposal Unacceptable and may not be eligible for award.

D. The Government will begin the evaluation process with a ranking based on the Total Evaluated Price from the lowest to highest price. Following the price ranking, only the lowest priced offeror(s) will be evaluated for technical acceptability under the non-price factor(s) according to the evaluation criteria set forth in paragraph 3 of this section. If acceptable, the evaluation will stop at that point and award will be made to the lowest priced technically acceptable offeror. If unacceptable, the Government will continue to review proposals in order of price until evaluating one that is technically acceptable and eligible for award. The Government reserves the right to conduct additional technical evaluations as deemed necessary.

ADMINISTRATIVE INFORMATION

Inquiries concerning all contractual actions after award shall be directed first to the Contract Specialist. In my absence, please contact the Contracting Officer.

Changes: The Contract Administrator will incorporate all changes and other administrative actions to the contract as directed and authorized by the Contracting Officer.

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

CONTRACT SPECIALIST: Theresa Eckstein

(609) 562-2437 theresa.m.eckstein.civ@army.mil

CUSTOMER: 99TH READINESS DIVISION

REGIONAL FACILITIES

OPERATIONS SPECIALIST: Michael King 978-870-8060 michael.j.king61.civ@army.mil

CONTRACTOR: TBD

PERFORMANCE LOCATION: Charles W. Whittlesey USARC 200 Barker Road Pittsfield, MA 01201

PERIOD OF PERFORMANCE: 12-month base period and four, 12-month option periods from date of contract award.

INSURANCE REQUIREMENTS: FAR Clauses 52.228-5, Insurance – Work on a Government Installation, the following applicable insurance amounts are required at a minimum:

Workers 'Compensation and Employer's Liability

· At least 100,000.00 coverage

General Liability

· Bodily injury liability insurance coverage shall be written on the comprehensive form of policy of at least $500,000.00 per occurrence

Automobile Liability

· Shall provide automobile liability insurance written on the comprehensive form of policy

· At least $200,000.00 per person for bodily injury

· $500,000.00 per occurrence for bodily injury

· $20,000.00 per occurrence for property damage

LOCAL NARRATIVES

HQ AMC-LEVEL PROTEST PROGRAM

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103.

Send protests (other than protests to the contracting officer) to:

· Address:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000

· Fax: (256) 450-8840

· Email: usarmy.redstone.usamc.mbx.protests@mail.mil

· The AMC-level protest procedures are found at:

Web Address: http://www.amc.army.mil/amc/commandcounsel.html

If Internet access is not available contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

DISCLOSURE OF UNIT PRICE INFORMATION

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.

LEVEL I ANTI-TERRORISM AWARENESS TRAINING REQUIREMENTS FOR CONTRACTOR EMPLOYEES (OCT 2010)

(a) All contractor employees requiring access to any Federally-controlled facility and logical access to Federally controlled information systems except for “national security systems” as defined by 44 U.S.C. 3542(b)(2), should be certified in Level I Anti-Terrorism Training. The training is accessible from any computer with access to the World Wide Web and is available at https:/atlevel1.dtic.mil/at. The contractor is responsible for ensuring that the training has been satisfactorily completed and that valid certificates of completion have been submitted to the Contracting Officers Representative (COR) with a copy furnished to the Contracting Officer. The Certificates are valid for one year, therefore, training shall be completed every year for the duration of the contract.

(b) The term Federally-controlled facility is defined as:

(1) Federally-owned buildings or leased space, whether for single or multi-tenant occupancy, and its grounds and approaches, all or any portion of which is under the jurisdiction, custody or control of a department or agency;

(2) Federally-controlled commercial space shared with non-government tenants. For example, if a department or agency leased the 10th floor of a commercial building, the Directive applies to the 10th floor only;

(3) Government-owned, contractor-operated facilities, including laboratories engaged in national defense research and production activities; and

(4) Facilities under a management and operating contract, such as for the operation, maintenance, or support of a Government-owned or Government-controlled research, development, special production, or testing establishment.

(c) The term “Federally-controlled information system” means an information system (44 U.S.C. 3502(8)) used or operated by a Federal agency, or a contractor or other organization on behalf of the agency (44 U.S.C. 3544(a)).

(d) The term "contractor employee" includes employees, agents, students or student interns, or representatives and all employees, agents or representatives of all subcontractors and suppliers

REQUIRED INSURANCE

In accordance with FAR 28.307-2, the Contractor is required to provide and maintain the kinds and minimum amounts of insurance stated below:

(a) Workers’ compensation and employer’s liability. Contractors are required to comply with Applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability.

(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

Section SF 1449 - CONTINUATION SHEET

BY - SNOW REMOVAL 3"-6" - MA018

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

FOB: Destination

PSC CD: S218

NET AMT

BY - SNOW REMOVAL 6"-10" - MA018

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

BY - SNOW REMOVAL 10"-14" - MA018

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

BY - SNOW REMOVAL 14"+ - MA018

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

BY - ICE MELT AND SAND - MA018

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

BY - CLEAR SIDEWALKS - MA018

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at Charles W. Whittlesey USARC, 200 Barker Rd, Pittsfield, MA 01201 in accordance with the performance work statement.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

14-FEB-2024

99TH READINESS DIVISION

200 BARKER ROAD

PITTSFIELD MA 01201

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CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of Provision)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including subcontract, performance. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(f) If the contract includes Federal Acquisition Regulation clause 52.204-2, Security Requirements, the contractor shall ensure that subcontractors maintain their CAGE code(s) throughout the life of the contract.

(End of Clause)

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--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

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

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

(c) 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.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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:

Technical/Past Performance- This will be a lowest price techincally acceptable acquistion. Your offer must be deemed technically acceptable to be considered for award. Price is lowest price.

The offer must submit a techincal capability proposal which as a minimum provides the following (1) Ability to perform the work IAW the PWS, to include available manpower and equipment to perform the task.