W911SF23R0017.pdf

SEE ADDENDUM

(No Collect Calls)

W911SF23R0017 01-Jun-2023

b. TELEPHONE NUMBER

706-545-6421

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 23 Jun 2023

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.

W911SF9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

VALERIE A. PEEK

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 BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MICC - FORT MOORE

6650 MELOY DRIVE

BLDG 6, SUITE 250

FORT MOORE GA 31905-1300

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 W588UH 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

U.S. ARMY MARKSMANSHIP UNIT

U.S. ARMY MARKSMANSHIP UNIT

BLDG 1613 PARKS RANGE

FORT MOORE, GA GA 31905

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,000,000

NAICS:

541430

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911SF23R0017

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

STATEMENT OF WORK

FOR

WRAP AROUND GRAPHICS FOR VARIOUS GOVERNMENT-OWNED EQUIPMENT

1. Scope: The contractor shall provide all labor, materials, and equipment to manufacture and install removable wrap-around graphics and remove existing graphic wraps from various Government owned vehicles located at the US Army Marksmanship Unit, Fort Benning, GA, 31905.

1.1. Delivery Order. Work will be ordered by the Government through a delivery order issued to the contract. The contractor shall only perform work on a vehicle if a delivery order has been issued by the contracting officer. The contractor shall have 4 weeks from the award date of the delivery order to complete the work required.

1.2. Work Location. The contractor’s facility shall be within a 75 mile radius of Fort Benning, Georgia. The Government will deliver the vehicles to the contractor’s location. With advance coordination/scheduling, the work may be performed in Building 2822, Fort Benning, GA 31905 for installation if there is no impact to work currently being performed in that facility.

1.3. Period of Performance. The period of performance for this contract is from date of award not to exceed 365 calendar days, for a base year.

1.4. Designation of Contracting Officer’s Representative (COR). The Contracting Officer will designate in writing an individual to serve as COR during the performance period of this contract, unless sooner revoked or terminated. This individual will have full authority to monitor the contractor’s performance under the terms and conditions of this contract.

1.5. Pre-Performance Coordination. The contractor shall prepare a draft proof of the intended graphic and provide a copy to the COR at the US Army Marksmanship Unit, Building 2822, Fort Benning, GA, prior to producing the graphics. Once the COR reviews the draft graphic proof, the COR will send an e-mail approval to the contractor to produce the graphic. The COR will coordinate with the contractor on the date and time when the contractor will install the graphics on the designated vehicle.

1.6. Conduct of Personnel. The contractor shall be responsible for the performance and conduct of employees at all times if work is performed on a Government location as stated in para. 1.2.

Personnel employed by the contractor in the performance of this contract, or any representative of the contractor entering the Fort Benning Installation, shall abide by the security regulations of Fort Benning Installation. Contractor employees may be denied entry to Fort Benning by Military Police and/or Gate Security Guards if it is determined that such entry may be contrary to good order, discipline, or the security of Fort Benning. The Military Police may remove any employee for reason of misconduct or security. Removal of employees does not relieve the contractor from the responsibility for the work defined in the contract. The use of alcoholic beverages or illegal drugs by contractor personnel is forbidden during performance of work under this contract or while physically on Fort Benning during duty hours.

1.7. Smoking Policy. Contractor personnel shall comply with smoking policies in federal buildings. Smoking is prohibited within 50 feet of any exit or entrance to the building.

Contractor personnel shall place cigarette butts in proper containers and shall not dispose of butts at or near entrances and/or exits to any government facilities.

1.8. Quality Control. The contractor shall implement and maintain a quality control system that identifies and corrects potential and actual problem areas through the entire scope of the contract.

1.9. Warranty Provisions. The contractor shall warranty the wrap-around graphics for a minimum of one year from acceptance by the Government. The contractor shall provide a warranty replacing the graphics in the event of product defects to include manufacturing defects, clear coating, cracking, peeling, blistering, excessive dimension change and loss of adhesion.

1.10. The contractor shall return all Government-furnished materials, to include artwork CDs/DVDs, upon expiration of the contract, to the COR.

1.11. Contractor Manpower Reporting (CMR). Per Secretary of the Army Directive, ensure contractors report the required CMR data is the responsibility of the government official certifying payment, i.e. government representative. The government representative may be the COR, COTR, or the POC responsible for submission of receiving reports.

The government representative and the contractor are both responsible for submission of data to the CMR database.

The government representative shall report the basic contract information, inclusive of the following:

Contract Number; Delivery Order Number (if applicable); Task Order number (if applicable);

Unit Identification Code of the Activity Requiring the Services; Command; Total Obligated Dollars; Total Disbursements; Contact Information; Army Management Structure Code (AMSCO); Department Code; Operating Agency; Basic Symbol (BSYM); Fiscal Year Dollars;

Element of Resource; Management Decision Execution Package (MDEP).

The contractor shall report only the following data: Contract Number; Delivery Order Number (If applicable); Task Order Number (If applicable); Requiring Activity Unit Identification Code;

Command; Contractor Contact Information; Federal Service Code; Direct Labor Hours; Direct Labor Dollars; Location Information.

The contractor shall provide to the government representative (and the Contracting Officer if required) written certification (i.e. email or letter) that it has completed the CMR report.

CONTRACTOR MANPOWER REPORTING

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all required information using the following web address: https://cmra.army.mil/.

The required information includes: (1) Contracting Office, Contracting Officer, Contractor Officer's Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-contractors); (7) Total payments (including sub-contractors);

(8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor, if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website);

(12) Presence of deployment or contingency contract language; and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country).

As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30th of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor's systems to the secure web site without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

Contractor shall be required to be on-site and provide direction to other contract personnel.

Contractor shall be required to act in an official capacity on behalf of the Army and their government manager. Contractor will be required to develop materials for and participate in planning meetings, creative reviews and after action reviews. Materials may include position papers, feedback memos, approvals and others related to the specific support area. The number of event and marketing personnel may be added and/or deleted as government requirements dictate.

2. Definitions. Not applicable.

3. Government-Furnished Property and Services. The Government will furnish the vehicle and graphic design artwork file and paper copies of the graphic design for performance of this work.

The Government may provide a facility for performance of the work in accordance with paragraph 1.2.

https://cmra.army.mil/

4. Contractor-Furnished Property and Services. The contractor shall furnish all labor, materials, equipment, facility, and supplies to perform this work, unless use of Government facilities has been approved by the COR.

5. Specific Tasks:

5.1. The contractor shall provide all labor, materials, equipment, and supplies, except as specified to be furnished by the Government, to manufacture, install (apply) removable wrap-around graphics, and remove existing graphics that may have been previously applied by another contractor. Vehicle approximate measurements are at Technical Exhibit 1.

5.2. The Government vehicles specified in the bid schedule are all black in color. The contractor shall install full wraps on these trailers. Decals are unacceptable for the other vehicles. No reflective graphics are required.

5.3. The Government will furnish the graphic design artwork file and paper copies of the graphic design to the contractor for production of the graphics. The artwork will be different for each vehicle. The Government reserves the right to change the artwork prior to the contractor printing the graphics.

5.4. The contractor shall review the artwork file, coordinate with the Government representatives to make any changes required, and obtain Government approval of the final design prior to printing the graphic. The Government reserves the right to change the artwork prior to the contractor printing the graphics.

5.5. The contractor shall field measure vehicles prior to production of the graphics. The contractor shall produce graphics in accordance with the measurements obtained by the contractor.

5.6. The contractor shall utilize 3M material or similar product for the wraps. The Government vehicles are currently wrapped with Avery material.

5.7. The wrap-around graphics will be positional when tacking and the adhesive will adhere and bond the material to the surface when pressure-activated. The contractor shall wrap vehicles from the back to the front, with the front panel overlapping the rear panel, to prevent lifting during operation. The contractor shall adhere graphic panels so that all seams are flat, material has bonded with surface, and seams are sealed. The contractor shall overlap seams not more than ½” inch and not less than ¼”. Seams will present a uniform appearance, cuts will be straight, and the wrap will not be spliced on any corner. All seams will be overlapped from front to rear.

5.8. The contractor’s wrap-around graphics shall not crack in temperatures below 32 degrees Fahrenheit and shall withstand high-pressure washing performed at standard truck washing facilities.

5.9. The contractor’s wrap-around graphics shall be removable a minimum of one year after installation without damaging the vehicle surface.

5.10. The contractor shall install graphics so that the graphics adhere to flat, riveted, moderately curved (concave or convex) or corrugated surfaces on the vehicle.

5.11. The contractor shall not wrap any bumpers on the vehicles.

5.12. The contractor shall provide pricing for a full-wrap. If the Government desires a partial wrap for a vehicle, the contractor shall provide pricing within 72 hours of request. If implemented, a modification will be issued by the Contracting Officer to the contract prior to the issuance of any delivery order for a partial wrap.

5.13. The contractor shall install graphics at a minimum as follows:

5.13.1. Semi-trailers. Semi-trailers will be wrapped on all sides starting at the top of the trailer sides (metal), doors, and ending at the bottom of the frame/running lights. The contractor shall wrap the outer wall of the extended side. The side extension areas shall not be wrapped due to the wiper seals on each side. The roof of the semi trailer is not wrapped. For contract purposes, the average size of the trailers is 35’ with a height of 13’ and width of 8’-6”. The trailers are identical. The contractor shall field measure each trailer before producing the graphics. (See attached listing of vehicles).

5.13.1a Semi-truck. Semi-truck will be wrapped on all sides starting at the top of the trailer sides (metal), doors, and ending at the bottom of the frame/running lights. The contractor shall wrap the outer wall of the extended side. The side extension areas shall not be wrapped due to the wiper seals on each side. The roof of the semi trailer is not wrapped.

5.14. Removal of Graphics. The contractor may be required to remove existing wraps from the vehicles and wraps that are later produced by the contractor.

5.15. Artwork File. The Government will provide the contractor with a separate layout sheet and art files for each design. The contractor shall review the artwork provided by the Government and notify the Government of any problems or issues within five calendar days of receipt. The contractor’s wrap-around graphics will meet the Army style colors as outlined in the Pantone Color Guide (such as, black consisting of C40/M30/Y20/K100/R0/G0/B0 and Army Gold Pantone 123c consisting of C0/M15/Y90/K0). The contractor shall submit a graphic print sample for color review to the Marksmanship Unit, S4, Building 2822, Fort Benning, GA 31905, (706) 545-6698. The graphic print will be approved by the S4 prior to printing of any graphic being manufactured.

5.16. The contractor shall develop a plan that allows for replacement of portions or entire panels of the graphics in the event of damage not covered by the warranty provisions. The contractor’s plan shall segregate the graphics into a series of numbered grids and will be submitted to the Government within 15 calendar days after completion of the installation.

5.17. The contractor shall replace any window glass or mirror broken during the installation/application process. Additionally, the contractor will reinstall any accessories i.e.

ladders, door stops or grab handles removed during the wrap installation.

TECHNICAL EXHIBIT 1

US ARMY MARKSMANSHIP UNIT

VEHICLE WRAP CONTRACT

35 Foot Semi Trailers Remove wrap & wrap with new graphics:

2018 Kentucky Custom Semi-Trailer (2 Each) W – 102” L – 420” H – 147”

Rear Door opens in one piece downward and there is a service door on the passenger side.

Concession window on Curb and Road side

Entry Door on Road side

Semi Truck Remove wrap & wrap with new graphics:

2021 International Semitruck W – 102” L – 420” H – 147”

Rear Door opens in one piece downward and there is a service door on the passenger side.

Semi Truck Remove wrap & wrap with new graphics:

2018 Kenworth T4 Series Semitruck W – 102” L – 420” H – 147”

Rear Door opens in one piece downward and there is a service door on the passenger side.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Vehicle Wrap Graphics Trailer

FFP

See PWS for details FOB: Destination

PSC CD: T001

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 2 Each Vehicle Wrap Graphics Truck

FFP

See PWS for details

PSC CD: T001

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUL-2023 TO

31-JUL-2023

N/A U.S. ARMY MARKSMANSHIP UNIT

U.S. ARMY MARKSMANSHIP UNIT

BLDG 1613 PARKS RANGE

FORT MOORE, GA GA 31905

W588UH

0002 POP 01-JUL-2023 TO

31-JUL-2023

N/A (SAME AS PREVIOUS LOCATION)

W588UH

CLAUSES INCORPORATED BY REFERENCE

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

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

DEC 2022

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

DEC 2022

52.222-50 Combating Trafficking in Persons NOV 2021 52.225-1 Buy American--Supplies OCT 2022 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report 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 https://dibnet.dod.mil/ 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 (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer 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 information in paragraph (d)(2)(i) 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 covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

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, [x ] 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, [x ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

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

https://dibnet.dod.mil/ https://www.sam.gov/

The Government intends to award a single contract resulting from this solicitation that will be most advantageous to the Government, price and other factors considered. The Government does not intend to hold discussions with the Contractor for this solicitation.

(a) An evaluation will be made to determine that the offeror is technically capable of providing the required services at a fair market price. Award is also subject to acceptance of all terms and conditions of the contract and a determination of a fair market price. The Federal Acquisition Regulation (FAR), as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS) and the Army Federal Acquisition Regulation Supplement (AFARS) will be used to evaluate the offer and award this requirement. The following factors shall be used to evaluate the offer:

(1) Technical Acceptability, Determination of Fair Market Price, and Responsibility: As authorized under FAR 15, Contracting By Negotiations procedures will be used to evaluate the offer and award this requirement. The Government will evaluate the contractor’s technical proposal to ensure that it reflects a sound understanding of this requirement. The proposed price will be evaluated in accordance with FAR 15.4. The Government will estimate the fair market price of the work to be performed in accordance with FAR 19.807 and will make a determination that the offered price does not exceed the fair market price. In lieu of requesting past performance information, the Government utilized the Past Performance Information Management System (PPIMS) and Past Performance Information Retrieval System (PPIRS) making a determination of responsibility. The Government intends to award this procurement based on contractor’s responsibility, technical acceptability, and determination of a fair market price that complies with the requirements in the solicitation.

Evaluation Criteria:

The Technical Factor will receive one of the adjectival ratings defined below:

Rating Definition

Acceptable Proposal clearly meets the minimum requirements of the solicitation

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

Technical and past performance when combined, are approximately equal to cost or price.

The Technical Proposal shall consist of the offeror’s response to meet the requirements outlined in the Performance Work Statement (PWS).

Technical Experience: Offerors shall provide detailed previous work experience (Contracts) meeting the requirements of this solicitation. The Contractor shall include the following:

Listing of not more than three (3) complete or ongoing contracts within the previous (2) years that represent the Offeror’s work experience required for this solicitation.

(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.

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

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

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

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

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

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.] x (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

x (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

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

___ (5) [Reserved]

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

C).

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

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

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

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

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved] x (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

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

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

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

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

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

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

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

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

____ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

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

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

____ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

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

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

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

x (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

x (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

x (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

x (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

____ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

x (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

x (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

____ (45) 52.223-20,…