W911KB22Q0012.pdf

W911KB22Q0012

Section SF 1449 - CONTINUATION SHEET

SCHEDULED SITE VISIT

Prospective contractors are strongly encouraged to participate in a scheduled site visit with the USACE and the customer. Contractor shall fill out columns C through L, of the attached spreadsheet “JBER Access Request (PC Users).xlsx” for all personnel planning to attend and send to Michael McNalley at michael.l.mcnalley@usace.army.mil as soon as possible upon receiving this request for proposal, Not Later Than 2:00 PM Alaska Time on 9 June 2022.

The spreadsheet password is: JBER

The site visit will be on 15 June 2022 and commence at 1300 at building 2204 conference room 63. Contractors should plan on driving to JBER – Elmendorf Air Force Base to arrive at the Boniface Gate Visitor’s Center at 1100 (11:00 am) Alaska Standard time to get their passes, and be prepared to show valid drivers license, proof of vehicle insurance, and current vehicle registration.

The Point of Contact for site access is:

Michael McNalley US Army Corps of Engineers – Alaska District Project Manager Ph: 907-753-2638 michael.l.mcnalley@usace.army.mil

Questions from prospective contractors will not be answered during the site visit.

Questions or requests for clarifications shall be directed in writing to the contract specialist, Mr.

Ernest Woods at Ernest.L.Woods@usace.army.mil and Kimberly Tripp at Kimberly.D.Tripp@usace.army.mil not later than 2:00 pm Alaska Standard time, Tuesday, 21 June 2022.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

COE028 B 2204 RM 63 AUDIO VISUAL UPGRADE

FFP

NON-PERSONAL SERVICES: CONTRACTOR TO PROVIDE ALL LABOR,

TOOLS, MATERIALS, PARTS, EQUIPMENT, TRANSPORTATION,

QUALIFIED SUPERVISION AND ALL OTHER REQUIREMENTS

NECESSARY TO PERFORM ALL REQUIREMENTS OF THE ATTACHED

PERFORMANCE WORK STATEMENT.

REFERENCE: THE ATTACHED QUALITY ASSURANCE SURVEILLANCE

PLAN.

REFERENCE: THE ATTACHED SERVICE CONTRACT WAGE

DETERMINATION 2015-5681 (REV 15) WHICH IS MADE A PART OF THIS

SOLICITATION AND ANY RESULTANT CONTRACT.

FOB: Destination

PSC CD: 5830

NET AMT

Proposal Submission Requirements and Basis of Contract Award

COE028 Bldg 2204 Conf Room 63 upgrade Telecommunications Upgrade Project

JBER, Alaska

This is a “Lowest Price Technically Acceptable (LPTA)” solicitation. The Government will evaluate the proposals in accordance with the criteria described herein and award the contract to the responsible Offeror whose proposal is determined to represent the LPTA proposal. The Government will evaluate technical proposals in accordance with the criteria described herein and will award a contract to the LPTA Offeror. Award will be made on the basis of the lowest evaluated price of those proposals that are deemed Acceptable. Proposals receiving an “Unacceptable” rating for Factor 1 below will be excluded from consideration for award.

The evaluation factors for this action are:

VOLUME 1 – TECHNICAL PROPOSAL

Factor Location Description Rating

Factor 1 Vol. 1 Experience Acceptable/Unacceptable

Factor 2 Vol 1 Past Performance Acceptable/Unacceptable

Adjective Ratings: The following adjective ratings will be used in the evaluation of Factor 1 (Experience and Qualifications).

Acceptable (A): The proposal meets minimum requirements of the solicitation.

Unacceptable (U): The proposal does not meet the requirements of the solicitation.

VOLUME 2 – PRICE PROPOSAL

Factor Location Description Evaluation

Factor 2 Vol. 2 Price *Lowest Price

*EVALUATION OF OPTIONS: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

PROPOSAL EVALUATION CRITERIA

Proposals will be evaluated in accordance with the selection criteria below.

The Contractor should prepare their proposal based on information provided in the solicitation documents and which demonstrated their capability to successfully execute the required services. The Government will evaluate the offeror’s experience, qualifications and price in accordance with the criteria described herein.

Volume 1, Factor 1: Experience. Submit a proposal that demonstrates the offeror has the experience listed below.

The Experience description shall be no longer than two (2) pages in length and shall specifically address the following:

1. Describe at least two (2) examples within the past five (5) years of relevant (similar or greater size and scope) work experience that demonstrates the ability to successfully meet the contract requirements outlined within the Performance Work Statement.

The evaluation standard has been met when the proposal demonstrates that the offeror has the number of examples and relevant types of experience indicated above.

Volume 1, Factor 2: Past Performance. Submit a proposal that demonstrates the offeror has successfully completed similar projects in the past. The Experience description shall be no longer than four (3) pages in length and shall specifically address the following:

1. Submit at least two (2) Past Performance Evaluation Questionnaires (PPEQ’s) ratings for projects within the past five (5) years of relevant (similar or greater size and scope) that demonstrates the ability to successfully meet the contract requirements outlined within the Performance Work Statement. The minimum acceptable overall evaluation is “satisfactory”.

The evaluation standard has been met when the proposal demonstrates that the offeror has the number of examples and relevant types of experience indicated above

Volume 2, Factor 2: Price. Submit a properly filled out price schedule. All items shall be completed.

PROPOSAL SCHEDULE

COE028 Alaska District Room 63 Audio Visual Upgrade

Building 2204 Talley Avenue (3rd Street) JBER-Elmendorf, Alaska

Item Unit No. Description Quantity Unit Price Amount

BASE ITEMS

0001. Project Labor 1 Lump sum $________ $________ complete

0002. Project Materials/Supplies/Equipment , complete. 1 Lump sum $________ $________

Total of Items 0001 and 0002 $________

Total of Base Items $________

Proposed Contract Duration: _______________________________________

A detailed breakdown of each item shall be provided with the proposal to include sub-contractor labor, materials, and supplies if applicable.

-- END OF PROPOSAL SCHEDULE --

Performance Work Statement (PWS) Conference Room 63 Upgrade

Alaska District Headquarters (HQ) 2204 Talley Avenue, JBER-Elmendorf, Alaska

11 May 2022

1.0 BACKGROUND

The Alaska District Headquarters (HQ) is located at 2204 3rd Street Joint Base Elmendorf Richardson. There are approximately 300 employees at this location. Conference Room 63 is located on the basement floor of the District HQ facility. The conference room is currently outfitted with a Cisco Room 70SG2-K9.

2.0 SCOPE

The conference room requires upgrade to a suite of new Audio Visual (AV) equipment that provide the capability for users to conduct AV meetings utilizing Government-authorized software such as Microsoft Teams and Cisco WebEx.

3.0 OBJECTIVES

This PWS shall provide AV requirements to upgrade Conference Room 63 at the Alaska District HQ. Refer to section 4 and 5 below.

4.0. REQUIREMENTS

The Contractor shall meet the following Requirements:

4.1 The Contractor shall provide a project kickoff meeting five (5) business days after the contract is awarded, and subsequently a weekly teleconference project update to the Site POC and IT Chief.

4.2 The Contractor shall obtain any necessary work or building permits and licenses, if required.

4.3 The Contractor shall provide project oversight to assist with tracking project milestones and coordination of project tasks. The Contractor shall provide a Contractor POC (name and phone number) who will manage project oversight and coordination. Additionally, Contractor shall provide a list of the other personnel working on this project and their contact information.

4.4 The Contractor shall complete the final acceptance and project closeout process with the Requesting Unit Local POC. The Contractor shall obtain USACE sign-off as a condition of project completion and acceptance.

4.5 The Contractor shall provide all necessary labor, tools, and equipment, to install, connect and test audio visual equipment as outlined in section 5.0 below.

5.0 Implement Audio Visual Solution for Conference Room 63

The conference room system upgrade shall consist of removing the current Cisco Room 70SG2-K9 and replacing it with a high-definition USB camera and digital signal processor with USB interface. The Contractor shall provide and install a 4-input/1-output video matrix switcher to support connectivity for two laptop inputs and a PC with single monitor support. The Contractor shall provide and install a control processor with a touchpanel. The touchpanel shall provide for source selection, camera control, mic mute, volume control, and system on/off. The Contractor shall provide a suitable floor cabinet/credenza for securing the AV equipment, two UHD 4K LCD displays appropriately sized for the room, speakers, and ceiling, noise cancelling, microphones.

The Contractor shall provide and install four flip top center table interfaces each with an electrical receptacle. Two flip top centers shall be configured with HDMI cable with gravity cable retractors. One USB cable with gravity cable retractor shall be installed in one flip top center. The Contractor shall provide and install on-floor conduit to provide a cable pathway for cabling and electrical from the display wall to the table. The Government shall be responsible for providing electrical.

Web conferencing shall consist of the camera, speakers, and microphones mentioned above. All control features for web conferencing shall be performed on the Government’s conferencing software installed on the Government computer. The Contractor shall provide and install a 2-port USB switch to enable two computers to perform soft codec conferencing using the room USB peripherals. Contractor shall provide control for camera control, microphone mute, and volume control via the touchpanel for web conferencing i.e. Microsoft Teams, WebEx, Zoom, etc. Contractor shall provide a user-manual and a one (1) hour training session which may be concurrent with the system testing. Contractor shall provide a 3-year service warranty for all new AV equipment installed.

6.0 SPECIAL REQUIREMENTS / CONSTRAINTS

The Contractor shall perform all work per USACE Enterprise Standards and STIG (Security Technical Implementation Guide) compliance. The Contractor’s personnel are responsible for compliance with all laws, rules and regulations governing conduct with respect to health and safety.

6.1 Travel

All travel will be accomplished consistent with the requirements of FAR 31.205-46 Travel Costs. The Contractor’s proposal shall include an estimate and the justification for any travel requirements.

6.2 Period of Performance

The period of performance shall be from contract award to 15 September 2022. The work shall commence on site no later than ten (10) days from date of award.

6.3 Work Performance Location

2204 Talley Avenue (3rd Street), JBER-Elmendorf, AK 99506

6.4 Security Requirements

Access and General Protection/Security Policy and Procedures: The Contractor and all associated subcontractors’ employees shall comply with applicable installation, access and local security policies and procedures. Policies and procedures will be provided by the local Security Office. The Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and local policies. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

6.5 AT/OPSEC Requirements

All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

7.0 AV CABLING AND TESTING REQUIREMENTS

The Contractor shall comply with the installation and testing requirements as specified below:

7.1 End-to-end testing and measure loss to determine if the measured loss is acceptable in accordance with Industry standards and tolerances. Structured cable systems and related AV construction work shall conform to the following standards. For superseded standards, the current standards shall be used.

7.1.1 CEA-310 - Cabinets, Racks, Panels, and Associated Equipment; Consumer Electronics Association;

Current Edition.

7.1.2 NFPA 70 - National Electrical Code; 2008.

7.1.3 TIA-526-14 - OFSTP-14 - Optical Power Loss Measurements of Installed Multimode Fiber Cable Plant; Current Edition.

7.1.4 TIA/EIA TSB125 – Guidelines for Maintaining Optical Fiber Polarity through Reverse-Pair Positioning.

7.1.5 TIA TSB-140 – Additional Guidelines for Field Test Length, loss and Polarity of Optical Fibers.

7.1.6 ANSI/TIA-1152 – Requirements for Field Test Instruments and Measurements for balanced Twisted-pair cabling.

7.1.7 TIA/EIA-568-C.1-4 - Commercial Building Telecommunications Cabling Standard; Current Edition.

7.1.8 TIA-569 - Commercial Building Standard for Telecommunications Pathways and Spaces; Current Edition.

7.1.9 TIA/EIA-606 - Administration Standard for the Telecommunications Infrastructure; Current Edition.

7.1.10 ANSI/J-STD-607 - Commercial Building Grounding (Earthing) and Bonding Requirements for Telecommunications; Current Edition.

7.1.11 Materials provided by the Contractor shall be free from product defects in material and workmanship, shall exceed the current applicable TIA/EIA and other specifications, and shall comply with the design and performance requirements for installed cable media. All cable shall support all current or future applications that are designed for transmission over its respective cabling classification as defined in

ANSI/TIA/EIA-568-C0-3.

7.1.12 Plenum-rated cable meeting National Fire Protection Association (NFPA) fire standards shall be used in the plenum spaces of buildings. For work in spaces that are designated as non-plenum where riser cables are used, ductwork and other such structures shall be resealed or repaired so that the closed airspaces remained intact and sealed.

8.0 COORDINATION REQUIREMENTS

Coordination of these activities is critical to the successful completion of contract. The Contractor shall make every effort to resolve critical issues in a timely manner before they become problems. Communication by telephone and email is strongly encouraged. The Contractor shall provide written records of all significant conversations and email them to the COR within two working days of the call.

8.1 Government POCs for This Contract

The Contractor shall provide written records of all significant conversations. The Contractor shall be in contact with multiple Government POCs. The Contracting Officer is the only POC with the authority to direct the Contractor to perform services or change the terms of the contract. The COR is delegated specific authorities with respect to oversight and administration of the contract. Government POCs under this contract are as follows:

ASSIGNMENT PERSONNEL PHONE EMAIL

Contracting Officer John Mccomas 907-753-2593 christine.a.dale@usace.army.mil Contract Specialist Ernie Woods 907-753-2547 Ernest.L.Woods@usace.army.mil

District IT Chief Curtis Geiger 907-753-2650 Curtis.P.Geiger@usace.army.mil

9.0 INVOICE SUBMITTAL & CONTRACT ADMINISTRATION

Invoices shall be prepared in accordance with FAR clause 52.212-4(g). Invoices shall be submitted to the following:

Submit an Electronic PDF Invoice to Millington (the USACE Finance Center) via email address:

CEFC.J4invoices@usace.army.mil

One Electronic Copy to the following:

Curtis.P.Geiger@usace.army.mil

For invoice receipt verification or for a vendor's Payment problem, the vendor may contact the USACE Finance Center at Phone Number (901) 873-9077.

CONTRACT WILL BE ADMINISTERED BY:

Department of the Army, Alaska District Corps of Engineers, Contracting Division.

10. CONTRACTING OFFICER AUTHORITY

The Contracting Officer is the only person with the authority to act as agent of the Government under this contract.

Only the Contracting Officer has authority to:

(1) direct or negotiate any changes in the Statement of Work or specifications;

(2) modify or extend the period of performance;

(3) change the delivery schedule; or

(4) otherwise change any terms and conditions of this contract.

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract and not withstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes 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 in costs incurred as a result thereof.

11. CONTRACTOR MANPOWER REPORTING

Not required.

QUALITY ASSURANCE SURVEILLANCE PLAN

COE028 Bldg 2204 Conf Room 63 Upgrade

US Army Corps of Engineers, JBER-Elmendorf, Alaska 02 June 2021

1. PURPOSE. This Quality Assurance Surveillance Plan (QASP) is a Government-developed document used to ensure that the Government receives quality services and pays only for services actually provided. The QASP provides a systematic method to evaluate the services the Contractor is required to furnish.

2. SCOPE. The role of Government Quality Assurance is to ensure contract standards are achieved.

The QASP provides guidelines and methods for the Government’s oversight of the Contractor’s quality control efforts to assure timely, effective services are provided IAW the contract/order. The Contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract.

3. ROLES AND RESPONSIBILITIES.

Contracting Officer (KO) - A person duly appointed with the authority to enter into, administer and terminate contracts on behalf of the Government. The KO is the only person who can legally commit the Government and only the KO, as the Government’s agent, can modify the contract/order. The KO is the final authority for determining the adequacy of the Contractor’s performance. KO decisions arising under or relating to the contact are final.

Contracting Officer’s Representative (COR) – An individual designated in writing by the KO to perform specific technical and administrative functions within the scope and limitations of their written appointment (e.g., surveillance of Contractor’s performance, accept services). The COR is not empowered to make any contractual commitments or authorize any changes to the order/contract or in any way obligate additional funds by the Government, such authority rests solely with the KO.

Quality Assurance Evaluator (QAE) – An individual designated by the requiring activity, typically the Project Manager, to assist the COR and provide technical oversight of the Contractor’s performance. The QAE’s primary duty is to monitor the Contractor’s performance by checking to see that tasks are completed, reports are submitted, and desired outcomes are achieved. When a surveillance observation results in an unacceptable evaluation, the QAE will report the unacceptable performance to the COR. The QAE is not authorized to direct work, offer advice on how the work should be performed, change the contract, or in any way obligate payment of funds by the Government.

4. METHODS OF SURVEILLANCE. Surveillance is performed by the Government to provide objective quality evidence that there is a reasonable level of confidence that the services provided by the Contractor have met all the requirements of the contract before authorizing payment. The primary method of surveillance for this contract is customer feedback.

Customer Feedback: Customer feedback is firsthand information from the actual users of the service and is typically obtained via telephone or email. Customer complaints obtained via telephone will be followed up in writing/email. The customer complaint must clearly articulate the nature of the complaint, time, date, etc. The COR/QAE will validate the complaint within 24 hours of receipt and forward a copy to the KO for resolution with the Contractor. If the COR/QAE determines a complaint is invalid, rationale will be cited in the validation section and retained for future reference. Customer feedback will be used to evaluate the Contractor’s performance.

5. SURVEILLANCE PROCEDURES.

a. The COR will develop a schedule of surveillance activities based on the Performance Work Statement.

The surveillance outlined in the schedule will provide the Government with the objective quality evidence required to support acceptance of a monthly contract invoice.

b. The COR/QAE will monitor performance in accordance with the schedule and will ensure all services required by the contract are successfully performed. Successful or exceptional performance will be documented as well as deficiencies in Contractor performance. Documentation will be maintained for future reference, audit, and proof of inspection. Any uncorrected unacceptable observation will result in an unacceptable rating, a corrective action request to the Contractor and notification to the KO.

c. The COR will notify the Contractor each time an unacceptable observation has been recorded and ask the Contractor to correct the problem. The COR/QAE will record the contract requirement, the specific deficiency to the requirement, the date and time it was discovered, and have the Contractor initial the entry. The Contractor will be given two working days after notification to correct the deficiency in accordance with requirements of the contract. Deficiencies that cannot be corrected within two working days will be reported to the Contracting Officer.

d. The COR will report to the KO more serious (systemic in nature) deficiencies or recurring deficiencies in the same area that could indicate a trend. The KO will notify the Contractor and request corrective action. The KO may require the Contractor to re-perform any services that do not meet contract requirements at no additional cost to the Government. The Contractor will return a copy of the completed and signed CDR to the KO for inclusion in the contract/order file.

e. The COR/QAE will re-inspect services that were found deficient to ensure corrections were made within the timeframe outlined in the contract or other agreed upon time. The COR/QAE will not consider the services complete until all deficiencies have been corrected. Contractor’s failure to complete corrective actions will be reported immediately to the KO for further action.

f. The COR/QAE will accept the services provided and authorize payment, typically on a monthly basis or upon satisfactory completion of the work.

6. QUALITY ASSURANCE SURVEILLANCE FILE. The COR/QAE file shall contain:

a) Copy of the COR appointment letter from the KO, any changes to that letter, and any termination letters; b) Training Certifications for COR; c) Copy of the contract and all contract modifications; d) Copy of the applicable Quality Assurance Surveillance Plan (QASP); e) Correspondence initiated by authorized representatives (Contractor or Government) concerning performance of the contract; f) Surveillance records; g) Customer Feedback; h) Memoranda for record of minutes of any meeting, telephone conversations, or discussions with the contractor or others pertaining to contract performance; i) Documentation pertaining to acceptance of services, reports, or data.

7. RECORDS: All records will be retained for the life of this contract.

8. CHANGES: The QASP is a living document and, as such, may be changed as needed. However, the KO must approve changes. The COR will submit recommended changes to the KO for approval.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 15-SEP-2022 1 N/A

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance OCT 2018 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 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

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (SEP 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

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

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

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

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

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

(i) Availability of requirements documents cited in the solicitation.

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

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

Additional copies will be issued for a fee.

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

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

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

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

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

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

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

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

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

(k) Reserved.

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

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

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

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

(4) A summary of the rationale for award;

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

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

52.212-2 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:

Offers will be technically evaluated in accordance with the requirements set forth in the Performance Work Statement. Award will be made to the lowest-priced technically acceptable offeror. The Government reserves the right to make award on the initial offer received without discussions.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

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

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…