W911S6-21-Q-0020 Amendment One Nitrogen Tank CB SOLICITATION.pdf

W911S6-21-Q-0020_AMENDMENT ONE, DPG Bulk Nitrogen Tank for Bldg. 4165 with Installation, Cool Down, and Fill

This is a combined Synopsis/Solicitation for commercial supplies prepared in accordance with the format in FAR 12.6, as supplemented with additional information in this notice. The incorporated provisions and clauses are those in effect through Federal Acquisition Circular

(FAC) 2021-05.

PART 1 – GENERAL INFORMATION

THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION AND A SEPARATE

SOLICITATION WILL NOT BE ISSUED. The solicitation number for this acquisition is W911S6-21-Q-0020 and is being issued as a Request for Quote (RFQ) on BETA.SAM as an attachment. The NAICS Code for this solicitation is 332420, and description: Metal Tank (Heavy Gauge Manufacturing). The small business size standard is 750 employees.

This will be awarded as Firm-Fixed Price. Prospective Offerors are responsible for downloading the solicitation and any amendments from Sam.Gov. The Government reserves the right to award a purchase order without discussions.

PART 2 – SUPPLIES OR SERVICES AND PRICES/COSTS

The Government intends to issue a Purchase Order.

2.1 LINE ITEM AND PRICES:

Provide a fixed price quote in accordance with Pricing Table 1. The Contractor shall indicate if the minimum salient characteristics have been met to be considered responsive for this requirement with no copy and pasting from any of the solicitation documents.

Pricing Table 1

The Contractor shall specify delivery date, after receipt of order, unit prices, extended prices and commercial warranties with quote submissions. Quotes shall specifically address each requirement listed on this document. Partial quotes will NOT be evaluated by the Government.

All equipment WITHOUT EXCEPTION must be new and any manufacturer's warranty information must be included. All submissions mustbe BAA Compliant and clearly annotated on the quotation.

CLIN Quantity/Unit of

Issue Product Description Price per Unit Total

1 1 each FNL VS-3000SC-250CS-01, 3000 Gallon Tank as per Statement of Work

2 1 each VAPAMB AL 11700SCFH/600PSI SG110HF as per Statement of Work

CLIN Quantity/Unit of Issue

Product Description Price per Unit Total

3 1 each ALL CRYOGENIC PARTS AND STAINLESS STEEL PARTS as per Statement of Work

4 1 each Tank Installation, Labor, and FOB Destination Delivery as per Statement of Work

5 1 each Cool Down process, and Check out of entire system, not limited to but includes, Liquid Nitrogen 99.999% Purity with Delivery of full tank for initial Fill (include all-inclusive price, labor, parts, fuel surcharges, delivery fee) in the price plus Liquid Nitrogen as per Statement of Work

6 16,000 gallons Option One, Liquid Nitrogen (99.999% purity) (not for Initial Fill) Period of Performance - 12-month period from date of award.

7 11 each Option One: Deliver of Liquid Nitrogen in Line item 6) not to exceed 11 each. (to include any fuel Surcharge)

Grand Total

PART 3 – STATEMENT OF WORK

3.1 Objective:

Dugway Proving Ground, WDTC requires 1 ea. Bulk 3000 Gallon Nitrogen Tank System at building (bldg.) 4165, and installation.

3.2 Background / History

Building 4165 which is also referred to as the Renovated old Chemical Laboratory facility encompasses four laboratory rooms, two large test chamber, Test Chamber control room and Safety Air Monitoring room. All of the laboratories and the two test chambers are equipped chemical hoods and with safety air monitoring MINICAM system. Within four laboratory rooms are specialized test fixtures or also referred to gloveboxes. One of the large test chambers will also house multiple glove boxes, chemical hoods and test fixture that will support Individual protection testing. Currently building 4165 uses 80 Nitrogen bottles that are daisy chained to support the Safety MINICAMS systems for the entire building but would not handle the test fixtures/glove boxes. We discovered that the when we connect the nitrogen lines to each of the specialty test fixture/glove boxes, they exceed the 80 bottle flow capacity.

Nitrogen air is used as the primary carrier gas for dissemination, air washing and airflow across the test items within each test fixture/glove box. The building supplied air (O2) has a lot of impurities and causes interferences with our dissemination, air washing and airflow. A 3000 gallon Nitrogen system will provide sufficient purified (99.999%) nitrogen gas to service all the MINICAMS and test fixture. The expected nitrogen flow rate would be approximately 100 – 150 L of Nitrogen gas per minute during test trials. The Bulk Nitrogen system will connect using 1” stainless steel lines.

3.3 Scope

a) The Contractor shall install the 1 each, bulk 3000 Gallon Nitrogen Tank to include 1 ea.

Evaporator, various stainless steel lines, and cryogenic systems for both Vapor and liquid nitrogen. Installation shall include installing the necessary hardware, bolts and materials necessary to secure bulk tank and evaporator. The Contractor shall tie various vapor lines to existing building Stainless Steel lines ensuring all fitting are compatible to existing system 1” lines.

Material List but not limited to the following:

1) 1 each FOB Destination for delivery of Nitrogen tank system

2) 1 each FNL VS-3000SC-250CS-01, 3000 Gallon Nitrogen Tank

3) 1 each VAPAMB AL 11700SCFH/600PSI SG110HF Evaporator

4) 1 each Cryogenic Parts and Stainless steel parts

5) 1 each Labor to install entire system to include cool down and check out with the use of

Liquid Nitrogen 99.999% purity with one-time fill.

6) Optional line item to include 16,000 gallons of Liquid Nitrogen to include delivery.

b) The Contractor shall ensure the system is operating and functioning per operating manual.

c) The Contractor shall provide all necessary materials, labor, tools, and equipment necessary to complete all requirements of this SOW.

d) The Contractor shall perform cleanup and housekeeping of the Contractor’s staging area, working areas, and any other areas affected throughout the construction process.

e) Any damage caused by the Contractor or their employees to existing structures, facilities, utilities or equipment shall be repaired, to at least equal or better than existing status by the Contractor, at no additional cost to the government.

f) All welding and flame producing operations conducted by the Contractor shall be coordinated through the TPOC to DPG’s fire department and safety office. The Contractor shall have a fire department approved fire extinguisher and an additional person to watch for hot slag contacting combustible materials during all cutting or welding operations. A hot work permit must be secured from the fire department prior to starting work.

g) All work performed by the Contractor in support of this contract shall be completed in accordance with the latest version of the following: National Fire Protection Association (NFPA), International Building Code (IBC) National Electrical Code (NEC) Federal, State, and DPG standards.

h) The Contractor shall ensure that supports, anchors, and restraints shall be selected to withstand all static and dynamic conditions of loading to which they may be subjected.

i) If applicable, the Contractor shall obtain and comply with the requirements of a signed excavation permit from the TPOC prior to commencing any excavation work.

j) If applicable, the Contractor shall deliver to TPOC a MSDS on any questionable item brought onto DPG property.

k) All scheduled power outages or other interruptions of utility services required for this project shall be coordinated through the TPOC. A 48-hour notification is required, with the work being scheduled and performed at the convenience of the government.

l) Labels are per NFPA, Federal and State Regulations standards.

m) Specification for Concrete pad as per the suggested Tank Manufacturer.

n) Ensure all Shipping is FOB destination and included in the quote.

o) Installation includes travel, fuel, labor, training, manuals(electronic), and specifications.

p) Create timeline for adequate time and for concrete pad to be laid and site preparation, lead time of order all items to include the tank. The contractor shall take in account weather conditions also.

3.4 Site Conditions:

a) The Government will provide access to project area, a lay down area for the Contractor’s materials and equipment, a solid concrete pad foundation to support the Bulk Nitrogen tank, evaporator and various materials, crane support to off-load and position the bulk tanks systems and coordinated with the Technical Point of Contact (TPOC). Government will provide electrical service for power tools.

b) The Government will provide a 1” Stainless Steel Valve so the Bulk Nitrogen tank gas can be attached to supply nitrogen to facility.

c) The TPOC will inspect all work completed by Contractor, this inspection shall be random throughout the project to ensure project has been completed in accordance with the SOW.

Ensure developing progress and issues are resolved in a timely manner. Coordinate with the TPOC to keep them informed and up to date on all aspects of the effort.

d) In the case of a site condition delay the Contractor shall include in there quote for storage of tank at their facility until site is ready by the Government.

3.5 Organizational Conflict of Interest (OCI)

Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.), or perform evaluation services which may create a current or subsequent Organizational Conflict of Interest (OCI), as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes evident that such access or participation may result in any actual or potential OCI, and shall promptly (no later than 10 calendar days) submit an OCI Mitigation Plan to the KO to avoid or mitigate any such OCI. The contractor mitigation plan will be determined to be acceptable solely at the discretion of the KO, and in the event the KO unilaterally determines that such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

3.6 Subcontract Management

The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor shall manage work distribution to ensure there are no OCI considerations. Contractors may add subcontractors to their team after notification to the KO and the COR. Cross teaming may or may not be permitted.

3.7 Publicity / Release of Information

The contractor shall not disclose information concerning this agreement or his activities at DPG unless he has obtained written approval from the KO.

3.8 Warranties and Guarantees

The contractor warrants and guarantees that:

a) Contractor’s personnel are technically qualified, certified to perform the work and provide proof training and certification to the COR.

b) Contractor is familiar with and will comply with all general and special Federal, State, and local laws, rules, ordinances, and regulations that may in any way affect the performance of this contract.

c) Contractor and subcontractors are familiar with the requirements of the work as defined within the PWS, Plans, appendices and all such associated contract documents related to the work.

Government review of work completed by the contractor does not relieve the contractor of the responsibility to comply with the work as defined within the contract documents.

D) All materials, supplies, equipment and workmanship furnished in performance of the work, or any portion thereof, shall be free of defects in design, material, and workmanship, and all such materials and equipment shall be of first-class quality, shall conform with all applicable codes, specifications, standards, and ordinances, and shall have service lives and maintenance characteristics suitable for the intended purpose, in accordance with sound, currently accepted industry and design standards, and best engineering practices.

3.7 Protecting Existing Property and Conditions

Protecting existing property and conditions is the contractor's responsibility. Any damage to existing Government property or installed systems shall be repaired to the satisfaction of the COR, KO at the contractor's expense. At the completion of the work, the condition shall be equal to or better than that which existed before the damage occurred. Damage shall be reported immediately to the COR, KO, and to the Safety Officer on Dugway Proving Ground via phone and electronically (email). work, or any portion thereof, shall be free of defects in design, material, and workmanship, and all such materials and equipment shall be of first-class quality, shall conform with all applicable codes, specifications, standards, and ordinances, and shall have service lives and maintenance characteristics suitable for the intended purpose, in accordance with sound, currently accepted industry and design standards, and best engineering practices.

3.8 Identification of Contractor Personnel and Work Areas

All contractor employees shall be identified as such by wearing badges at all times while performing work at this Government facility and when performing work for the Government under the scope of this contract at other Installations or non-Government sites to include attendance at meetings, seminars, etc. The badges may be either affixed to clothing or be displayed from a chain or other mechanism worn around the neck. Badges will include contractor's company name and employee's name. The badges shall be colored white with black lettering and a minimum badge size of 1.5 inches wide by 3 inches long. A company logo may be placed on the badge, at the company's discretion. No other items may be placed on the badge. All contractor correspondence (written, facsimile, and email display) shall include their company name.

3.9 Definitions

CO – Contracting Officer – The only government employee authorized to make changes in the contract or to make payments.

COR – Contracting Officer Representative – The government employee tasked with the day-to-day operation of the contract, but is not authorized to make changes or issue funds.

WDTC – West Desert Test Center.

DPG - Dugway Proving Grounds TPOC- West Desert Test Center Project Manager.

PART 4 - PACKAGING, MARKING and SHIPPING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition. All delivered equipment shall be newly manufactured, not used or refurbished or previously used for demonstration.

PART 5 – INSPECTION AND ACCEPTANCE

Inspection and acceptance will be performed at the delivery location. The Technical Point of Contact will perform inspection and acceptance of the materials delivered. Acceptance is communicated in writing unless otherwise indicated by the Contracting Officer of Technical POC within 30 days of receipt of the deliverable(s). If a rejection is issued, the Contractor shall correct any deficiencies within fifteen (15) days from the time the Government issues the rejection notice. If the Contractor cannot correct the deficiencies within this time frame, the

Contractor shall immediately notify the Technical POC of the reason for the delay and provide a proposed corrective action plan within three (3) business days.

PART 6 – DELIVERIES OR PERFORMANCE

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and contractor’s name. The Contractor shall guarantee that all required materials shall be delivered in immediate new, usable and acceptable condition. Contractor shall contact Technical Point of Contact (TPOC) to schedule the delivery. All deliveries must be made during normal Dugway Proving Ground, Dugway, UT, delivery hours: 7:00 am MST to 4:30PM MST. Delivery shall be coordinated through the TPOC. The Contractor shall schedule a time for installation when the delivery is not the same day.

Delivery Date:

LINE ITEM Delivery Date or Period Of Performance 1 120 days from Date of Award FOB Destination 2 120 days from Date of Award FOB Destination 3 120 days from Date of Award FOB Destination 4 120 days from Date of Award FOB Destination 5 120 days from Date of Award FOB Destination 6 12 months from Date of Award (As per required TPOC order per Gallons) FOB Destination

7 12 months from Date of Award (As per required TPOC order per Gallons)

FOB Destination

6.1 PLACE OF DELIVERY AND INSTALLATION

All material shipments shall be received through the following address before proceeding to destination.

Delivery will be made by FOB Destination to:

U.S. Army Dugway Proving Ground West Desert Test Center Combined Chemical Test Center Dugway UT 84022 Attn: TBD Email: TBD Phone: TBD

Inspection and Acceptance Terms FOB Destination

Phone Number: TBD Email Address: TBD

Installation and Final Delivery Location Information:

West Desert Test Center (WDTC) Bldg. 4165, U.S. Army, Dugway Proving Ground (DPG), Utah. Shall be coordinated with the TPOC for exact location

Work shall be conducted Monday through Thursday, excluding federal holidays.

6.2 GOVERNMENT HOLIDAYS

a. The Government hereby provides notification that Government personnel observe the listed days as holidays:

(1) New Year's Day (6) Labor Day

(2) Martin Luther King's Birthday (7) Columbus Day

(3) President’s Day (8) Veterans' Day

(4) Memorial Day (9) Thanksgiving Day

(5) Independence Day (10) Christmas Day

b. In addition to the days designated as holidays, the Government observes the following days:

(1) Any other day designated by Federal Statute

(2) Any other day designated by Executive Order

(3) Any other day designated by the President’s Proclamation

c. When any such day falls on a Saturday, the following Monday is observed. The Contractor shall not charge any holiday as direct charge to the award.

d. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the award.

PART 7 – CONTRACT ADMINISTRATION DATA

7.1 TECHNICAL POINT OF CONTACT(TPOC):

TPOC: To be determined upon contract award mailto:Matthew.Diprima@fda.hhs.gov

The Technical Representative is responsible for: (1) monitoring the Contractor’s technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

7.2 INVOICING PROCEDURES (TBD)

PART 8 – INSTRUCTIONS TO THE OFFEROR

8.1 INSTRUCTIONS TO OFFEROR FOR REQUEST FOR QUOTE SUBMISSION

8.2 QUOTE SUBMISSION FORMAT:

***Quote shall be in 2 volumes: 1 Technical and 2 Price. The volumes shall be separate and complete. The volumes shall be separate and complete, so that evaluation of one may be accomplished independently of, and concurrently with, the evaluation of the other. No pricing information shall be provided in volume 1.***

The total number of pages for the technical quote shall not exceed ten (10) pages, using 1” margins, single spaced, font type Time New Roman, and a font size of 12.

***The solicitation does not commit the Government to pay any cost for the preparation and submission of a quote. It is also advised that the Contracting Officer (KO) is the only individual who can legally commit and obligate the Government to the expenditure of public funds in connection with the proposed acquisition. ***

8.3 SITE VISIT (completed)

Offerors are urged and expected to inspect the site for services are to be. Performed or supplies to be delivered and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. A site visit is scheduled for 09:30 am MST on day Wednesday, June 23, 2021.

Offerors interested in attending the site visit shall contact Patricia S Natividad, Contract Specialist via email patricia.s.natividad.civ@mail.mil by no later Monday, 21 June, 2021, 11 AM

MST .

To request admittance to DPG/Site Visit, contractor shall include the following information:

(1) Name of the individuals attending,

(2) Name of the company representing;

(3) Telephone number; and

(4) Citizenship status. i.e. US Citizen (yes/no).

mailto:patricia.s.natividad.civ@mail.mil

(5) Driver’s License Number and Expiration date.

(6) Date of Birth.

Contractors are advised to arrive at the security building no later than 30 minutes before scheduled time in order to gain access to DPG and proceed to the Contracting Building 5330 Valdez Circle, Southwest Wing (South Side Entrance), Dugway, UT 84022. An introduction in front of Building 5330 shall be done and proceed with Contractor’s following us to various locations for the site visit. Contractors driving onto post shall bring current vehicle registration and proof of insurance. Temporary badges/passes issued by DPG shall remain in your physical custody at all times. Wear appropriate Personal Protective Gear for COVID 19 (i.e. Mask), outdoor shoes, and wear appropriate clothing. Weather at Dugway does change so please bring a light jacket due to any windy or cooler conditions.

QUESTIONS DEADLINE:(COMPLETED) Interested offerors shall submit questions electronically to Patricia.S.Natividad.civ@mail.mil and Patricia.S.Natividad@army.mil no later than June 24, 2021, 10:00 a.m. Mountain Standard Time. Please include the company name, U.S. Army solicitation number “W911S6-21-Q-0020”, and “Question(s)” in the subject line.

QUOTE DUE: All quotes are due, electronically through to Contract Specialist email at Patricia.S.Natividad.civ@mail.mil and Patricia.S.Natividad@army.mil for the RFQ no later than July 14, 2021, 10:00 p.m. Mountain Standard Time.

PART 9 – GENERAL EVALUATION INFORMATION

EVALUATION AND BASIS FOR AWARD:

The purchase order shall be award based on FAR 13 with Best Value, Lowest Price that meets all the technical criteria of the Request for Quote. The technical evaluation will be a determination based upon information provided by the Contractor. The Government reserves the right to make award without discussions.

PART 10 – CONTRACT PROVISIONS AND CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference:

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer shall make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/FAR/, DFARS, and AFARS.

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following provisions and clauses apply:

mailto:Patricia.S.Natividad.civ@mail.mil mailto:Patricia.S.Natividad.civ@mail.mil mailto:Patricia.S.Natividad.civ@mail.mil mailto:Patricia.S.Natividad@army.mil https://www.acquisition.gov/FAR/

Supplemental Provisions and Clauses not included in the Federal Supply Schedule

CLAUSE OR

PROVISION

NUMBER

TITLE DATE

FAR 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

FAR 52.204-13 System for Award Management Maintenance Oct 2018

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

Aug 2020

FAR 52.209-5 Certification Regarding Responsibility Matters Aug 2020

FAR 52.209-7 Information Regarding Responsibility Matters Oct 2018

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

Oct 2018

FAR 52.217-5 Evaluation of Options Jul 1990

FAR 52.222-50 Combatting Trafficking in Person Oct 2020

FAR 52.227-1 Authorization and Consent Jun 2020

FAR 52.232-18 Availability of Funds Apr 1984

FAR 52.228-7 Insurance--Liability To Third Persons

Mar 1996

FAR 52.242-13 Bankruptcy Jul 1995

FAR 52.246-2 Inspection of Supplies –FIXED PRICE Aug 1996

FAR 52.247-34 F.O.B. Destination Nov 1991

FAR 52.249-8 Default (Fixed-Price Supply & Service) Apr 1984

FAR 52.249-8 Computer Generated Forms Jan 1991

DFAR 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

Sep 2011

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

Sep 2013

DFAR 252.204-7003 Control Of Government Personnel Work Product Apr 1992

DFARS 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

Oct 2016

DFAR 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

Dec 2019

DFAR 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

May 2016

DFAR 252.204-7016 Covered Defense Telecommunications Equipment or Services

Dec 2019

DFAR 252.204.7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-- Representation

Dec 2019

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

Jan 2021

DFAR 252.225-7021 Trade Agreements. Sept 2019

DFAR 252.211-7003 Item Unique Identification and Valuation Mar 2016

DFAR 252.227-7015 Validation of Restrictive Markings on Technical Data Feb 2014

DFAR 252.232.7003 Electronic Submission of Payment Request and Receiving Reports Dec 2018

DFAR 252.232-7006 Wide Area Workflow Payment Instructions Dec 2018

DFAR 252.232-7010 Levies on Contract Payments Dec 2006

FAR 252.244-7000 Subcontract for Commercial Items Jan 2021

DFAR 252.246-7005 Notice of Warranty Tracking of Serialized Items Mar 2016

DFAR 252.246-7006 Warranty Tracking of Serialized Items Mar 2016

FAR AND DFARS CLAUSES BY FULL TEXT:

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES (JUL 2018)

(a) Definitions. As used in this clause-- Covered article means any hardware, software, or service that--

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from--

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause:

Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 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 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 Items. 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)

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--

REPRESENTATION (OCT 2020)

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

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

(c) Representations.

(1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

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

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS--REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec.

6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(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 which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(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. Page 59 of

(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…