W91247-21-R-0005 Amendment 3.pdf

SEE ADDENDUM

(No Collect Calls)

W9124721R0005 15-Mar-2021

b. TELEPHONE NUMBER

910-643-3524

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 21 Apr 2021

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 X 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.

W912479. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

EMILY F. NOTTINGHAM

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

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MICC CENTER - FORT BRAGG

MICC - FORT BRAGG

2175 REILLY ROAD STOP A

FORT BRAGG NC 28310-5000

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 W81PNH 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FORT BRAGG

USARC

USARC FAMILY PROGRAMS

FAYETTEVILLE NC 28310

TEL: FAX:

FAX:

TEL: 910-396-2253 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

611710

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)

PAGE 2 OF77

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.

W9124721R0005

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Week Phase in

FFP

A two week phase-in period for administrtive and testing services in accordance with the PWS.

FOB: Destination

PSC CD: U099

NET AMT

0002 2 Week 2 weeks Administrative Services

FFP

The Contractor shall provide Administrative Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS.

0003 2 Week 2 weeks Testing Services

FFP

The Contractor shall provide Testing Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS.

0004 5 Months Administrative Services

FFP

The Contractor shall provide Administrative Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS.

0005 5 Months Testing Services

FFP

The Contractor shall provide Testing Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS.

0006 1 Job Contractor Manpower Reporting Initiative

FFP

In accordance with Office of the Secretary of Defense Memorandum, Revised Department of Defense Contractor Manpower Reporting Initiative, dated Oct 16, 2019, the Contractor must report contractor manpower to the System for Award Management website at https://www.sam.gov NLT 31 October each year. All data shall be reported in accordance with applicable FAR and supplements. The cost, if any, for providing this data shall be entered into the space provided at this CLIN.

NOTE: If the reporting is not separately priced, insert "NSP" in the blank space under “Amount.”

1001 12 Months OPTION Administrative Services

FFP

The Contractor shall provide Administrative Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS

1002 12 Months OPTION Testing Services

FFP

The Contractor shall provide Testing Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS

1003 1 Job OPTION Contractor Manpower Reporting Initiative

FFP

In accordance with Office of the Secretary of Defense Memorandum, Revised Department of Defense Contractor Manpower Reporting Initiative, dated Oct 16, 2019, the Contractor must report contractor manpower to the System for Award Management website at https://www.sam.gov NLT 31 October each year. All data shall be reported in accordance with applicable FAR and supplements. The cost, if any, for providing this data shall be entered into the space provided at this CLIN.

NOTE: If the reporting is not separately priced, insert "NSP" in the blank space under “Amount.”

2001 12 Months OPTION Administrative Services

FFP

The Contractor shall provide Administrative Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS

2002 12 Months OPTION Testing Services

FFP

The Contractor shall provide Testing Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS

2003 1 Job OPTION Contractor Manpower Reporting Initiative

FFP

In accordance with Office of the Secretary of Defense Memorandum, Revised Department of Defense Contractor Manpower Reporting Initiative, dated Oct 16, 2019, the Contractor must report contractor manpower to the System for Award Management website at https://www.sam.gov NLT 31 October each year. All data shall be reported in accordance with applicable FAR and supplements. The cost, if any, for providing this data shall be entered into the space provided at this CLIN.

NOTE: If the reporting is not separately priced, insert "NSP" in the blank space under “Amount.”

3001 12 Months OPTION Administrative Services

FFP

The Contractor shall provide Administrative Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS

3002 12 Months OPTION Testing Services

FFP

The Contractor shall provide Testing Services at CONUS and OCONUS (Puerto Rico and Hawaii) locations in accordance with the PWS

3003 1 Job OPTION Contractor Manpower Reporting Initiative

FFP

In accordance with Office of the Secretary of Defense Memorandum, Revised Department of Defense Contractor Manpower Reporting Initiative, dated Oct 16, 2019, the Contractor must report contractor manpower to the System for Award Management website at https://www.sam.gov NLT 31 October each year. All data shall be reported in accordance with applicable FAR and supplements. The cost, if any, for providing this data shall be entered into the space provided at this CLIN.

NOTE: If the reporting is not separately priced, insert "NSP" in the blank space under “Amount.”

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 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 14-JUN-2021 TO

27-JUN-2021

N/A FORT BRAGG

USARC

USARC FAMILY PROGRAMS

FAYETTEVILLE NC 28310

W81PNH

0002 POP 28-JUN-2021 TO

11-JUL-2021

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 28-JUN-2021 TO

11-JUL-2021

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 12-JUL-2021 TO

13-DEC-2021

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 12-JUL-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 14-JUN-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 14-DEC-2021 TO

13-DEC-2022

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 14-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 14-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 14-DEC-2022 TO

13-DEC-2023

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 14-DEC-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 14-DEC-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 14-DEC-2023 TO

13-DEC-2024

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 14-DEC-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 14-DEC-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 52.219-13 Notice of Set-Aside of Orders MAR 2020 52.219-14 Limitations On Subcontracting MAR 2020 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-1 State and Local Taxes APR 1984 52.229-2 North Carolina State and Local Sales and Use Tax APR 1984 52.232-1 Payments APR 1984 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7004 Drug Free Work Force SEP 1988 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items OCT 2020

ADDENDUM TO 52.212-4

1. Add paragraph (c)(1) as follows:

(c)(1) Contract Administration Data. The Contracting Officer is responsible for the administration of this contract and, alone, is authorized to take actions on behalf of the Government that result in changes in the terms of the contract. The Contracting Officer and the Contract Specialist will be idenified at the post-award conference.

Changes to the Contracting Officer or Contract Specialist may be made by written correspondence from the contracting office in lieu of a modification to the contract.

2. Add paragraph (p)(1) with the following:

(p)(1) Insurance – Work on a Government Installation

a. Workmen’s Compensation and Occupational Disease Insurance amount required by the state in which this contract is performed $100,000

b. Employer’s Liability Insurance $500,000 per occurrence

c. Comprehensive General Liability Insurance for Bodily Injury $200,000 per person

d. Comprehensive Automobile Liability $500,000 per occurrence for Bodily Injury and; $20,000 per occurrence for Property Damage

3. Add paragraph (q)(1) with the following:

(q)(1) Post-Award Conference.

(i) A post award conference (as described in FAR Subpart 42.5), will be convened by the Mission and Installation Contracting Command (MICC) Fort Bragg, North Carolina. The Contractor’s Project Manager shall attend this conference. If the contract involves subcontractors, a representative of each major subcontractor shall also attend.

(ii) The Contracting Officer and the Contractor will agree to the date, time and location of the conference after contract award. In the event of a conflict in schedules, the Contracting Officer will establish the date for the conference.

(End of Addendum)

CLAUSES INCORPORATED BY FULL TEXT

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)

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

2020)

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

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

(c) Representations.

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

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

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

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

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

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

(b) The Offeror represents that--

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

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

ADDENDUM TO FAR 52.212.-1

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS:

Replace paragraph (b) with the following instructions:

1. GENERAL. These proposal instructions are designed to provide general guidance for preparing responses as well as providing specific instructions on response organization, format, content and evaluation under FAR Part 13.5.

Offeror should include all documents and information in accordance with the instructions herein. Noncompliance with the solicitation requirements may hamper the Government's ability to properly evaluate the proposal and may result in elimination of the proposal from further consideration for contract award. Offerors are cautioned to follow the instructions carefully and shall present their best technical proposals and prices in their initial proposal submission, as it is the Government’s intent to make an award based on initial proposals received without discussions.

2. The submission of the documentation specified below and signing of the SF1449 and any amendments shall constitute the Offeror’s acceptance of the terms and conditions of the solicitation, concurrence with the PWS, and contract type. If an Offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the Offeror shall immediately notify the OCO in writing with supporting rationale prior to the proposal due date.

3. All required proposal documents are due by 21 April 2021, 1600 EST. Responses shall be submitted prior to the closing date and time identified above electronically to Emily Nottingham, contract specialist, at emily.f.nottingham.civ@mail.mil and Heather Clifton, Contract Officer, at heather.d.clifton.civ@mail.mil.

4. The Offeror shall provide a separate cover sheet with its response and include the following information:

Cover sheet shall contain the company’s legal name and address, Cage Code, DUNS, and Tax Identification Number

(TIN).

The name and title of the person authorized to sign and negotiate the offer.

A statement that the offer is valid for at least 90 days.

A statement that the offer is submitted in response to Solicitation W91247-21-R-0005.

Additionally, the offeror shall acknowledge receipt of amendments 0001, 0002, and 0003 issued to W91247-21-R- 0005 by signing amendment 0003 and each additionla amendment (if applicable).

5. Response Organization and Format: The response shall be organized into two (2) separate Volumes. The Volumes are: Volume I (Technical Capability), and Volume II (Price). Solicitation responses must comply with the page limitations and format specified for each volume. Page limitations and specific information required for each volume are as follows:

Volume Title Format Page Limits

I Technical Capability MS Word or Searchable PDF 20 Pages

II Price Pricing Matrix in MS Excel, (unprotected copy);

Pricing Narrative in MS

Word or Searchable PDF

No Limit

5.1. Page Limitation: The proposal shall not exceed the page limits stated above. Page limit includes all appendices, charts, graphs, diagrams, tables, photographs, drawings, etc. Page Limit does not include: covers for volumes, tables of contents, glossary of abbreviations and acronyms, indices, title pages, cross reference indices, and section dividers/tables if they are inserted solely to provide ease to the reader in locating parts/sections of the proposal.

Pages marked “This page intentionally left blank” will not be counted. Pages will be counted if they contain any other information, i.e., diagrams, extraneous data, etc. The Page limit also does not include teaming agreements and the notification and mitigation plans for any Organizational Conflicts of Interest (OCI).

5.2. What Constitutes a Page? A page shall be an 8 1/2 X 11” digital format. When both sides of the digital page display printed material, it shall be counted as two pages. The Offeror shall number each page in order to eliminate any confusion. In the event the contractor creates an ambiguity in their numbering of pages, the Government may exercise its own discretion in counting pages. If the page limits are exceeded, the pages in excess of the limit shall be removed and will not be considered for evaluations. The Government will not accept any changes to the contractor’s proposal after the closing date of the RTOP. If discussions become necessary, page limitations may be placed on responses to Evaluation Notices (ENs) to the Offerors.

6. SOLICITATION RESPONSE CONTENT.

6.1. Volume I – Technical Capability:

General. Offeror should submit a proposal that is self-sufficient and responds directly to the requirements of the solicitation. The proposal should be clear, concise, and include adequate detail for effective evaluation. The Offeror should address, as specifically as possible, the actual methodology used for accomplishing the PWS tasks. The proposal should not simply rephrase or restate the Government's requirements, but rather should provide convincing rationale to address how the Offeror intends to meet these requirements. Statements that the Offeror understands, can, or will comply with the PWS (including referenced publications, technical data, etc.); statements paraphrasing the PWS or parts thereof (including applicable publications, technical data, etc.); and phrases such as “standard procedures will be employed” or “well known techniques will be used,” etc., will be considered unacceptable and may be grounds to eliminate the proposal from further consideration for contract award.

Offerors should assume that the Government has no prior knowledge of their experience, and that it will base its evaluation on the information presented in the Offeror’s proposal. The proposal should contain sufficient information to enable the Government to fully evaluate and determine the Offeror’s capability to comply with the requirements identified in the solicitation.

Technical Capability Content (Factor 1): Volume I shall not include pricing information. The solicitation Technical Capability (Volume I) response should provide a sound and feasible technical approach that addresses all applicable requirements of the solicitation, PWS, and the associated attachments. The Technical Approach shall demonstrate the Offeror's understanding of the requirement and the resources required for performance. The staffing approach shall also satisfy the following requirements:

(i) The Offeror shall provide a matrix that lists the proposed labor categories, addresses the required education, certifications, clearance and experience level for each labor category proposed, location, number of personnel and labor hours proposed.

(ii) The Offeror shall provide a detailed narrative that demonstrates the Offeror’s understanding of the Army Continuing Education System (ACES) support services and describes the methodology used to determine the staffing proposed and an explanation of why the proposed staffing is sufficient to meet the requirements of the PWS.

(iii) The Offeror shall provide a timeline and describe the processes that will be utilized to complete phase-in procedures in 14 calendar days, ensuring the Offeror is able to successfully execute the task areas set forth in the PWS at the completion of the phase-in period.

(iv) The Offeror shall provide their approach to recruitment and retention of personnel that addresses procedures for recruiting, training and retaining a qualified workforce to satisfy all the requirements of the PWS.

6.2. Price (Volume II):

a. The price submission should be clearly marked “Volume II, Price, W91247-21-R-0005 and be completed using the Wage Determination (PWS Technical Exhibit 5). For the purpose of price evaluation, the Offeror shall provide a pricing matrix spreadsheet detailing the effective loaded labor rates and any associated escalation for all positions proposed under this contract. All final monetary extensions shall be in whole dollars only. The offeror shall price the following CLINs in the solicitation:

(i) CLINs: 0001, 0002, 0003, 0004, 0005, 1001, 1002, 2001, 2002, 3001, 3002, 4001, and 4002: ACES Support Services shall be priced by units and include the labor category, labor hours, fully burden labor rates, and number of Full Time Equivalents (FTEs) of the Offeror’s proposed fixed prices.

(iii) CLINs: 0006, 1003, 2003, 3003, and 4003: Contractor Manpower Reporting (CMR): The Offeror shall provide the price (if any) incurred to comply with the enterprise Contractor Manpower Reporting Application (eCMRA) requirement.

Offeror will determine to price or not-separately-price (NSP) the CMRA requirement.

b. Electronic versions of the price proposal shall be submitted in MS Office Excel format ONLY, as an unprotected/unlocked copy. If the pricing proposal requires a narrative it shall be submitted in PDF or Word format.

It is the Offeror’s responsibility to ensure that all formulas and calculations are correct.

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract to the lowest priced, technically acceptable offer resulting from this solicitation. The following factors shall be used to evaluate offers:

Factor 1: Technical Capability Factor 2: Price

1. Technical Capability (Volume I): The Technical Capability Factor will receive one of the ratings that follow. In order to be considered for award, Offerors must receive an “Acceptable” rating.

Non-Price Factor Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal meets the Technical Capability requirements of the RFP.

Unacceptable Proposal does not meet the Technical Capability requirements of the RFP.

The Technical Submission evaluation provided an assessment of the offeror’s capability to satisfy the Government’s requirements. All submitted documentation demonstrated the offeror’s capability to meet the technical standards listed below:

(i) The Offeror provided an unpriced matrix by area that listed the proposed labor categories, addresses the required education, certifications, clearance and experience level for each labor category proposed, number of personnel and labor hours necessary to successfully perform all PWS requirements.

(ii) The Offeror provided a detailed narrative that demonstrated the Offeror’s understanding of the ACES support services and described the methodology used to determine the staffing proposed and an explanation of why the proposed staffing is sufficient to meet the requirements of the PWS.

(iii) The Offeror provided a timeline and described the processes that will be utilized to complete phase-in procedures ensuring the Offeror is able to successfully execute the task areas set forth in the PWS at the completion of the phase-in period.

(iv) The Offeror provided their approach to recruitment and retention of personnel that addressed procedures for recruiting, training and retaining a qualified workforce to satisfy all the requirements of the PWS.

2: Price (Volume II): The Price Submission will not be scored or rated. To be viable for award, an Offeror’s price must be determined reasonable in accordance with FAR 13.106-3(a). The Government shall also evaluate Option Year Pricing including its option to extend services under FAR Clause 52.217-8.

(i) Complete/Accurate. The offeror’s price proposal shall be evaluated to ensure it is in compliance with the Price Volume instructions in the RFP that it is mathematically accurate, and the priced labor matrix in Volume II will be cross-walked with the un-priced labor matrix in Volume I to ensure that it is complete and accurate. When evaluating price the Government reserves the right, without entering discussions, to de-conflict or correct situations involving clerical errors, minor mathematical errors, rounding discrepancies or obvious misplacement of decimal points where there is a negligible impact on price.

(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).

As part of the price evaluation, the Government will evaluate the Option to Extend Services under FAR Clause 52.217-8 by adding one-half of the Offeror’s final option period prices to the Offeror’s total price. Thus, the offeror's total price for the purpose of evaluation will include the base period with phase-in, first option, second option, third option, and the price for the extension.

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2020)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in…