W911KB25Q0004.pdf

SEE ADDENDUM

(No Collect Calls)

W911KB25Q0004 10-Oct-2024

b. TELEPHONE NUMBER

9077532514

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 24 Oct 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA 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.

W911KB9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DAVID E TERHUNE

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

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 OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY ENGINEER DISTRICT, ALASKA

CEPOA-CT

2204 TALLEY STREET

JBER AK 99506-0898

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 9077532739 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$24,500,000

NAICS:

541611

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

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF52

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.

W911KB25Q0004

Section SF 1449 - CONTINUATION SHEET

SUBMISSION INSTRUCTIONS

Please submit offers to MAJ David Terhune via e-mail at david.e.terhune@usace.army.mil.

The Government intends to award a Firm, Fixed-Price service contract, resulting from this solicitation to the responsible Offeror with the lowest acceptable price.

Contractor shall address 4 items located in Apendix 1 (can be short write-up). Failure to do so may preclude receiving contract award.

****************Note to Offeror**************** The System for Award Management (SAM) registration (formerly CCR) should be completed prior to award of any resultant contract from the RFQ. Failure to have this registration completed could cause delay of award or rejection of offer. To complete or update a SAM registration, go to www.sam.gov.

Please provide the following information with quote:

UEI Number: _______________________________ Federal Tax ID Number: ______________________ CAGE Code: ________________________________

PERFORMANCE WORK STATEMENT (PWS)

SISTER RIVERS PARTNERSHIP EXCHANGE SUPPORT

1. BACKGROUND

USACE seeks services and support supporting the in the execution of the 13th Sister River Partnership Exchange between the Mekong River Commission (MRC) and senior officials from the U.S.. This effort is being funded by the U.S. Department of State as a means for diplomacy through technical and scientific exchange.

The MRC is an intergovernmental organization for regional dialogue and cooperation in the Lower Mekong River Basin, established in 1995 based on the Mekong Agreement between member countries - Cambodia, Lao PDR, Thailand and Vietnam. The organization serves as a regional platform for water diplomacy and a knowledge hub of water resources management for the sustainable development of the region. USACE currently has a formalized agreement with the MRC to collaborate on a wide range of water resources management efforts. The MRC regional office is headquartered in Laos and each member country has their own committee office within their countries’ borders.

The Sister River Partnership Exchange provides a forum for high level meetings, reciprocal briefings, technical exchanges, and site visits.

This contract will facilitate member participation in the 13th Sister River Partnership Exchange for an approximately 7-day event. The contractor is expected to support logistics in executing these meetings and site visits. All meetings will be conducted in English.

2. SCOPE

The contractor shall coordinate with the Mekong River Commission Secretariat (MRCS) planning division team. USACE will the make the connections to establish a working relationship between the contractor and the MRCS. This will involve 2 to 3 one-hour biweekly calls at around 09:00 am Vientiane, Lao time with the MRCS and USACE.

Specific duties will include the following:

i. Coordinate with designated POCs assigned by the MRCS to provide payment for airfare from their home of station to Nashville, Tennessee for 14 select individuals to participate in a senior leader dialogue in the United States from 07-13 December 2024 (travel dates not included). Return travel to their home station will originate from New York City. Total airfare not to exceed $88,200 ($5,500 per person).

Premium seats are authorized by the JTR for select VIP delegates. Coordinate with USACE to determine who fit the criteria.

ii. Coordinate with designated POCs assigned by the MRCS to provide Department of Defense (DoD) Per Diem Meals and Incidental (M&IE) payments for approximately 14 individuals to participate in a senior leader workshop/dialogue in the United States. Per Diem M&IE rates are based on the Nashville, TN and New

York areas. This includes 100% DoD Per Diem M&IE full day attendance, plus travel M&IE rates (75%). The M&IE rate for Nashville is $86.00 and New York is $92 per day respectively, and the 75% rate during travel is $64.50 and $69.00. 14 individuals will participate 7 – 13 Dec (7 days). 8 individuals will depart on 13 Dec and 5 individuals will participate through 14 Dec (8 days). Therefore, 14 pax * $86

* 4 days = $4,816. 14 pax * $92 * 2 days = $2,572. 5 pax * $92 * 1 day = $460.

For travel days: 14 pax * $64.50 + 14 pax * $69 = $1,896. The total for all participants is estimated at $4,816 + $2,572 + $1,710 + $1,896 = $9,721.

iii. Coordinate with USACE to arrange hotel rooms from 07 to 13 Dec 2024, for 14 MRC members at a hotel selected by USACE in Nashville and New York. These hotels will not exceed established per diem lodging rate (Nashville lodging rate for September 2024 is $217; New York lodging rate for September 2024 is $342).

Taxes and resort fees are excluded from the lodging rate, but are not to exceed $71 per room, per day. Total lodging costs with taxes for all participants not to exceed $30,000 for the entire trip.

iv. Coordinate transportation for approximately 40 people. Transportation required for to/from airport to hotel, meeting locations, meal locations, and project sites.

Cost will not exceed $3,000.

v. Coordinate with the USACE POC of a U.S. hosted event for 40 people with refreshments in Nashville, Tennessee on 08 December 2024. Preference for location is the hotel the delegates will lodge. Cost will not exceed $7,000

vi. Coordinate with the USACE POC on funding a formal ‘meeting package’ for 40 people with coffee breaks/refreshments in Nashville, Tennessee on 09 December 2024, at the hotel the delegates will lodge. Costs for 40 people will not exceed $5,000.

vii. Develop a banner and provide stationary name tags and lanyards (for 40 participants) for each event based using official format as directed by the USACE POC and use MRCS and U.S. State Department logos. Costs not to exceed $1000.

viii. Provide up to five mid-day meals for 14 MRC delegates at venues selected by USACE. All meals prior to dinner on 08 Dec are on their own. Meals are not to exceed more than $420 per mid-day meal for 14 delegates, $2,100 total.

ix. Provide up to three dinner meals for 14 MRC delegates at venues selected by USACE. Meals are not to exceed more than $980 per dinner meal, $2940.

x. Provide funding required for Cumberland River Site Tour for 14 MRC delegates.

Entry should cost approximately $70 per person or $1,000 total.

xi. Option 1. There is a potential for variation in travel. In the event of delays or other foreseen delays/alternations in travel, the contract allows a 20% deviation in travel and per diem funds to adjust flights and per diem rates. This is not to exceed $18,500.

The contractor is expected to upfront expenses incurred by items i. through xi. USACE will reimburse the contractor for all these expenses with vouchers / receipts. These expenses will be coordinated with USACE and will not exceed a total budget of $150,000. The contractor will work with MRCS and USACE to keep expenses within budget. Any additional expenses over the $150,000 maximum will need to be approved in advance by USACE.

The contractor shall have knowledge and experience working with government and non-governmental organizations and universities; however, USACE will introduce the contractor to MRC and be involved in all logistically planning.

The contractor will also have excellent communication skills to facilitate workshop planning activities with the MRC. All correspondence is in English, so there is no need for additional languages, although experience working with Southeast Asian agencies is preferred.

3. GENERAL REQUIREMENTS

The following sub-sections provide details of various general requirements for this effort.

3.1. Non-Personal Services

The contractor shall provide strictly non-personal services and contractor employees are not subject to direct supervision and control by the Government. The contractor shall advise and support the Government but shall not make final decisions or certifications on behalf of the Government nor perform any inherently governmental functions. The contractor and its employees shall not represent the Government nor appear to represent the Government in performance of these contract services.

Contractor personnel shall clearly identify themselves as contractor employees in all interactions during contract performance.

3.2. Place of Performance

Work will be performed at the contractor’s site and at workshop locations as needed.

3.3. Period of Performance

The period of performance for this task order is 12 months.

3.4. Materials

All materials, minus expendable supplies, purchased by the contractor with funds from this task order and used under this task order, become, and remain the property of the Government.

3.5. Travel

The contractor shall provide services necessary to plan and schedule travel and travel shall be reimbursed in accordance with Federal Acquisition Regulation (FAR) 31.205-

46. The contractor shall be reimbursed for actual allowable costs and not to exceed the amount allowed in the Joint Travel Regulations (JTR). No fee is allowable on travel costs.

3.6. Funding of each Task

The contractor must be able to fund each task as it requested. Reimbursement of contractor labor and logistics support is provided upon completion of each task. This means that the contractor must show capability to have the access to funds necessary to support activities in each task. The US Government will not provide a loan before delivering a task. The contractor will only be reimbursed for financing of logistics and labor after the task is completed.

4. PERFORMANCE REQUIREMENTS (TASK AREAS)

Task 4– Complete execution of the sister partner river exchange and visit to the United States from the Mekong region (items i-xi).

a. Total of (8) days inclusive of up to 3 days of travel and one (1) social icebreaker the evening prior to the first day of the event on 08 Dec 24.

b. Provide MRCS delegation (14 personnel) with funding ($5,500 per person) to procure airfare required to get from home station to Nashville, New York, and return to home station. Additionally, provide an estimated $800 per person for Nashville to New York flight. MRCS delegation will be responsible for procurement of airfare tickets.

c. Arranging workshop meeting room logistics (room rental, refreshments, lunch, and A/V requirements) in Nashville.

d. Arrange banner and stationary printing and delivery to the workshop meeting location.

e. Arranging lodging in Nashville and New York.

f. Provide DoD Per Diem M&IE payments to Mekong River Commission attendees through bank transfers.

g. Provide up to five mid-day meals and three dinners for the workshop participants.

h. Option to address late changes to itinerary (as required).

Task 5– Complete execution of all air travel arrangements, Per Diem payments, and workshop meeting room expenses. Successful execution of this task requires completion of the duties described in the scope, items i-xi. Payment for labor, travel and other authorized reimbursements follows completion of workshops and delivery of summary reports.

5. DELIVERABLES AND DELIVERY SCHEDULE

The table below identifies a set of deliverables that are required under this task order.

Task Deliverables Due Date

Task 1: Cost estimate for workshop logistics and time-sensitive bookings arranged.

1. Cost estimate / expense plan for workshop logistics.

2. Invoices for time-sensitive bookings for any initial reimbursements.

No later than one week before first workshop.

Task 2: Successful execution of event.

3. Workshop logistics provided as agreed.

4. Final invoices for workshop logistics

5. Any invoices of honorariums, gasoline, taxis, DSA, etc. provided to participants

NLT 4 weeks upon completion of all four workshops.

Task 3: Support travel arrangements for MRCS and Member Country representatives

6. Cost estimate / expense plan for travel.

7. Airfare is is the responsibility of MRCS and Member Country representatives.

8. Workshop logistics provided in Nashville (meeting room, refreshments, meal, A/V, etc.)

9. Banner and stationary to identify the workshop activity.

10. Per Diem payments for MRC personnel.

11. Mid-day and dinner meals at select locations.

No later than two weeks before travel.

Task 4: Successful execution of travel

12. Any invoices of plane tickets, Per Diem, etc. are reconciled with MRC and the participants.

13. Meeting room invoices are reconciled and closed out.

NLT 2 weeks upon completion of all travel

6. PERFORMANCE REQUIREMENTS SUMMARY (PRS)

Standard Acceptable Quality Level Incentive or Remedy Task Completed Either virtual or in-person, all deliverables in each task completed per the timeline.

Re-perform/correct at no cost to the Government.

Deviations to the timeline approved by USACE.

Workshop/travel logistic support

Arrangements with third party venders (i.e., lunch providers, airline tickets, etc.) completed per the timeline.

Any failure by a third-party vender to adequately deliver a service should not constitute responsibility of the contractor if contracts with third parties were properly made. However, the contractor should alert USACE and the MRCS to any issues as soon as they are noticed for joint solutioning.

Any additional cost in logistics due to contractor negligence could be borne by the contractor.

7. SECURITY

The work will be UNCLASSIFIED and network or facility access is not required. The contractor(s) will not require a Common Access Card (CAC).

8. APPLICABLE DOCUMENTS

Attached is a copy of the USACE-DOS Interagency Agreement (IAA) on “USACE Support to the DOS in the Mekong”. Funding for this contract comes through the IAA.

9. CONTRACTING OFFICER REPRESENTATIVE AND/OR TECHNICAL POINT OF

CONTACT (TPOC)

A contracting officer representative (COR) and/or technical point of contact (TPOC) will be appointed on each task order. The COR and TPOC have no authority to direct the contractor in any way to alter the contractual obligation. The contracting officer is the only individual authorized to make changes to the contract.

10. EVALUATION CRITERIA

APPENDIX 1 outlines evaluation criteria for contract award.

11. INVOICING

The contractor is authorized to invoice as frequently as monthly; for work performed.

The contractor shall append the final invoice with an “F” to indicate final.

Invoices should be sent to the following email addresses. Which ensures that a copy goes to the USACE finance office and a copy to the USACE budget officer:

Trey.l.maddox@usace.army.mil

TBD

APPENDIX 1:

CONTRACT EVALUATION CRITERIA FOR

PERFORMANCE WORK STATEMENT

“SHARED VISION PLANNING WORKSHOPS TO SUPPORT THE MEKONG RIVER

COMMISSION”

Contractor must address each numbered question below to be considered for contract award.

1. Technical Understanding and Approach: The contractor must illustrate how well do they understand the requirement and how would they execute it. It will be important to understand how the contractor will engage POCs in Vietnam, Thailand, Cambodia, and Laos. USACE will provide introductions to points of contact (POCs) for each National Mekong Committee and the MRC Secretariat, but the contractor needs to show how they will continue to engage with POCs and local venders (if necessary).

2. Staff Approach: The contractor must demonstrate how they will staff the requirements for a cost-effective successful execution of tasks.

3. Past Performance: The contractor must demonstrate that they have completed similar work in the past. Full credit for this criterion will be provided for contractors that have engaged in an international setting.

4. Financial Robustness: The contractor must demonstrate how it will finance logistical requirements before reimbursement. In other words, the contractor must show it has the financial ability to execute tasks before reimbursement.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Sister Rivers Workshop Support

FFP

Contractor to provide U.S. hosted welcome event,airfare, workshop materials, meals, and transportation from the airport and lodging for 14 delegates from the Mekong River Commission in accordance with the performance work statement

(PWS).

FOB: Destination

PSC CD: R408

NET AMT

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 POP 18-NOV-2024 TO

17-NOV-2025

N/A N/A

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

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

Systems

NOV 2021

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

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.222-50 Combating Trafficking in Persons NOV 2021 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

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)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

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

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

(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, or 150 employees for information technology value-added resellers under NAICS code 541519, 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 Federal Acquisition Regulation (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 FAR subpart 4.10), or alternative commercial products or commercial services 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 Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(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 products, the make and model of the product 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 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:

Offerors will be evaluated in accordance with the requirements set forth in the Performance Work Statement. Award will be made following evaluation of quote and detrmination of price fair and reasonable.

(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 PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

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

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

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—

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

(ii) The management and daily…