Combined Synopsis-Solicitation v7_21Q2443.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format located in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The Solicitation Number is and the Solicitation is issued as a

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular under NAICS code:This requirement will be

NAICS Code

This is an acquisition of has a small business size standard of PSC:

with of to

A list of line item number(s) and items, quantities, and units of measure, (including option(s), if applicable); and a description of requirements for the items to be acquired, are located on page 2 of this document.

will be accepted by the Government at the specified location. FOB terms:

The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this solicitation (excepting SF1449) and addenda to the provision are/ are not provided. Offers will utilize the table structure on Page 2 if not provided.

The provision at 52.212-2, Evaluation -- Commercial Items applies/ does not apply to this acquisition; evaluation procedures to be used are based on consisting of: technical acceptability, price, past performance.

All evaluation factors other than cost or price, when combined, are

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with their offer.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition; addenda to the clause are/ are not applicable/provided.

The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition; additional FAR clauses cited in the clause which are applicable to this acquisition are indicated on page 3 of this document. Any additional applicable clauses will be listed on page 4.

The Defense Priorities and Allocations System (DPAS) assigned rating requirement is is not applicable.

Additional contract requirement(s) or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices:

The Mission Installation Contracting Command has converted to Paperless Contracting Files, offers should be submitted electronically to at @mail.mil no later than

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Responses due:Contracting POC: at:

Page 2 of

Responses due:Requirements Document

Description of requirements for the items to be acquired:

Schedule of

Page 3 of

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items:

Additional Applicable Clauses

___(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) ____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) ____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) ___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) ___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) ____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) ____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) ____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) ____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) ____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) ____ (ii) Alternate I (Nov 2016) of 52.219-9.

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

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) ____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) ____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) ____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) ____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) ____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) ____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the WOSB Program (Dec 2015) ____ (25) 52.222-3, Convict Labor (June 2003) ____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) ____ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) ____ (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246) ____ (ii) Alternate I (Feb 1999) of 52.222-26.

____ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) ____ (ii) Alternate I (July 2014) of 52.222-35.

____ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) ____ (ii) Alternate I (July 2014) of 52.222-36.

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) ____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) ____ (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) ____ (ii) Alternate I (Mar 2015) of 52.222-50 ____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015).

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) ____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) ____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) ____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) ____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) ____ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) ____ (ii) Alternate I (Jun 2014) of 52.223-16.

____ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) ____ (43) 52.223-20, Aerosols (Jun 2016) ____ (44) 52.223-21, Foams (Jun 2016) ____ (45)(i) 52.224-3, Privacy Training (JAN 2017) ____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) ____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) ____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (AUG 2018) ____ (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) ____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) ____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) ____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) ____ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) ____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) ____ (57) 52.232-36, Payment by Third Party (MAY 2014) ____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) ____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ____ (ii) Alternate I (Apr 2003) of 52.247-64.

____ (iii) Alternate II (Feb 2006) of 52.247-64.

_____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) _____ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) _____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) _____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) _____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) _____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) _____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) _____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) _____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) _____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) _____ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) _____ (B) Alternate I (March 2, 2015) of 52.222-50

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Solicitation Provisions and Contract Clauses 52.252-1 -- Solicitation Provisions Incorporated by Reference.

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/; https://www.acquisition.gov/browse/index/far.

(End of Provision)

52.252-2 -- Clauses Incorporated by Reference.

Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/; https://www.acquisition.gov/browse/index/far.

(End of Clause)

The following solicitation provisions and/or contract clauses are incorporated by reference:

52.212-1 ADDENDUM

ADDENDUM TO PROVISION 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

A. As this is a Request for Quotations, any reference herein to "proposal" or "offer" shall mean "quotation" or "quote," and any reference to "offeror" shall mean "quoter." Proposal Submittal and Inquiries:

1. Proposals shall be submitted by the closing date and time identified on page 1 of the Combined Synopsis Solicitation, and paragraph 3 of this addendum, to the following address:

Mission & Installation Contracting Command MICC – Fort Stewart

ATTN:

976 William H. Wilson Ave Suite 100 Fort Stewart, GA 31314

2. Only electronic submissions via email will be accepted.

3. The point of contact responsible for supplying additional information and answering all inquiries is the Contracting Officer via the Contract Specialist. Address all questions or concerns the offeror may have to the Contract

Specialist; , @mail.mil and Contracting Officer; , @mail.mil. Failure to address and copy both the Contract Specialist and Contracting Officer regarding questions may result in not receiving answers timely. All questions regarding this solicitation shall be submitted in writing via email. The deadline for submittal of all questions is Eastern Time.

B. General Instructions.

1. The selection of an offeror for award purposes will be conducted utilizing Lowest Price Technically Acceptable (LPTA) procedures as outlined in FAR Part 15.1. Offers will be evaluated using the criteria outlined in FAR 52.212-2 Evaluation – Commercial Items of this solicitation. Noncompliance with the Request for Proposal (RFP) 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.

2. The Offer. The submission of the documentation specified below will constitute the offeror's acceptance of the terms and conditions of the RFP, concurrence with the Performance Work Statement, and contract type.

3. Basis for award is Lowest Priced Technically Acceptable. The Government will make a single award to the lowest priced responsible, responsive offeror meeting the requirements that satisfies all terms and conditions of this solicitation and is most advantageous to the Government (i.e., that which represents the best value to the Government), price and other factors considered. However, in accordance with (IAW) FAR Part 15.306, should discussions become necessary, the Government reserves the right to hold discussions. If this occurs, a competitive range will be determined and offerors notified. The Contracting Officer may limit the competitive range for purposes of efficiency IAW FAR Part 15.306 (c)(2).

4. Instructions outlined in paragraph C below, prescribe the format for the proposal and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

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5. 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 Contracting Officer in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

6. In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

D. Proposal Content.

Failure to follow the below Contract Proposal preparation instructions may cause your proposal to be deemed unacceptable by the Government.

(a) Price Schedule: the price schedule shall be submitted fully completed. The offeror shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

Pricing Proposal. The Price Schedule shall be submitted fully completed and error free. It shall contain the offeror’s price for each Contract Line Item Number (CLIN) in the established Price Schedule. Offerors must provide a unit price and total for each CLIN. Prices shall include no more than two (2) decimal positions.

2. Technical Proposal. The Technical Proposal shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims in the Offeror’s proposal. It must clearly address the ability to meet the requirements in the performance work statement (PWS) regarding meals provided (numbers, type of food offered, and containerization), transportation meeting the tentative schedule and requirements in the PWS, the required laundering of 15 pounds of clothes per Servicemember per week, lodging (meet capacity needs) and all other requirements therein. Legibility, clarity and coherence are very important. Proposals will be evaluated as defined in Contract Provision, 52.212-2, Evaluation –Commercial Items.

3. Past Performance. The offeror shall describe record of past performance with programs similar in nature, work, size, magnitude, complexity and scope. Offerors shall submit a list of relevant Government and/or private contracts and subcontracts performed within the past three (3) years OR ongoing contracts/subcontracts that have been performed for a minimum of six (6) months. “Relevant” is defined as same or similar to the in size, scope, or complexity of the work required under this solicitation.

There is no minimum or maximum number of references required; however the offeror shall submit sufficient past performance information to demonstrate the depth and breadth to successfully satisfy all areas of the proposed effort. It is incumbent upon the contractor to present the past performance information in such a manner and in sufficient detail to ensure the Government clearly understands the information provided.

Submissions should explain the aspects of the contracts/references that are deemed relevant to the proposed effort.

Include a discussion of significant achievements or explain past problems considered to be relevant to the proposed efforts, as well as past efforts to identify and manage program/project risk. In describing contractual effort and the past performance, include specific details of performance as follows and as applicable:

Documentation Format:

Past Performance References: Past performance information shall be presented in the following format. The contractor is encouraged to ensure the information provided is current. Data that is not current or references that can no longer be reached will be discarded and not considered.

-Contract Number and Date of Award -Description of Contract -Name of Customer, Contracting Activity, or Private Company -Contract Type and Total Contract Value (Beginning and Ending Values) -Period of Performance -Points of Contact with Telephone Numbers and e-mail addresses (at least 2) -List of Major Subcontractors (if applicable) -How Work Performed is Relevant to Work Required Under this Solicitation -Percentage of Work Performed by Prime Contractor -Quality Awards and/or Performance Recognitions

(End of Addendum)

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

(a) The basis of award for this requirement is Lowest Priced Technically Acceptable. The Government will make an award to the lowest priced responsible, responsive offeror meeting the requirements that satisfies all terms and conditions of this solicitation and is most advantageous to the Government (i.e., that which represents the best value to the Government), price and other factors considered. Solicitation conducted in accordance with the Federal Acquisition Regulation (FAR), as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Army Federal Acquisition Regulation Supplement (AFARS). Award will be made to a single Offeror who is deemed responsible in accordance with the FAR, whose proposal conforms to the solicitation requirements, and whose proposal, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Lowest Priced Technically Acceptable proposal.

(b) In order to be considered awardable, an offer must receive an “acceptable” rating in every non-price factor. Trade-offs between cost/price and non-cost/price factors are not permitted. Unreasonably high, unrealistically low, unbalanced, inaccurate or incomplete price proposals may be grounds for eliminating a proposal from competition.

For a proposal to be determined "technically acceptable" and receive consideration for award based upon lowest price submitted, the proposal must receive a rating of "acceptable" for each technical acceptability standard and past performance factor as stated below. After consideration of technical acceptability, past performance and price factors, an award will be made to the Offeror whose proposal is the lowest priced technically acceptable offer.

(d) Factors To Be Evaluated

(1) Evaluation criteria consist of factors and subfactors. The proposals will be evaluated under three (3) evaluation factors: Technical Capability, Past Performance, and Price.

Factor 1: Technical

Subfactor 1: Meal Plan Subfactor 2: Transportation Plan

Factor 2: Price

Factor 3: Past Performance

Evaluation of the offeror’s proposal shall address each subfactor to satisfy the Performance Work Statement (PWS). A detailed explanation of the criteria for the evaluation is set forth in Paragraph 1 of this above section.

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Technical capability will be evaluated on an “acceptable” or “unacceptable” basis. Proposals are evaluated for acceptability, but not ranked. Each Technical Capability Sub-Factor will receive one of the ratings defined below and then there will be an overall roll-up rating at the Factor level. An Unacceptable rating in any Sub-Factor renders the Technical Capability Factor rating Unacceptable. In order to be considered awardable, there must be an “acceptable” rating for every non-price factor/subfactor.

Table A-1. Technical Acceptable/Unacceptable Ratings Rating Description

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

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Factor 1: Technical Acceptability

The technical acceptability evaluation provides an assessment of the Offeror’s capability to satisfy the Government’s requirements as specified in the PWS and elsewhere in the solicitation. This factor has two sub-factors that will be used to determine the overall technical acceptability: Meal plan and Transportation Plan

(a) Acceptability Standard 1: Meal Plan - The meal plan demonstrates an acceptable plan to provide meals seven days a week in accordance with the PWS.

(b) Acceptability Standard 2: Transportation Plan - The transportation plan identifies adequate ground transportation for 139 personnel to and from the CVC site in accordance with the schedule provided in the PWS.

Factor 2: Price

The Government reserves the right to conduct a price realism analysis of prices considered to be unrealistically low.

The Government may consider the offeror’s understanding of the items or ability to deliver the items in this analysis and risk assessment. An unrealistically low price may result in the offeror’s proposed price being rejected and ineligible for award. Each offeror’s proposed price will be evaluated to determine whether it is fair and reasonable as per FAR 13.106-3.

Table A-2. Past Performance Evaluation Ratings

Rating Acceptable

Unacceptable

Neutral

Description Based on the Offeror’s past performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown.

Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

Based on the Offeror's lack of performance record.

Factor 3: Past Performance

The Past Performance evaluation will assess the Offeror’s probability of meeting the solicitation’s requirements as indicated by that Offeror’s record of past performance. Past Performance is assessed at the factor level after evaluating aspects of the Offeror’s recent past performance and focusing on performance that is relevant to the services being procured under this solicitation. Offeror’s are cautioned that in conducting the performance risk assessment, the Government may use data provided in the Offeror’s proposal and data obtained from other sources, such as the Past Performance Information Retrieval System (PPIRS) or similar systems and State Department Watch Lists, and Electronic Subcontract Reporting System (eSRS) for SLA only. Past performance areas of evaluation include:

- Business Relations

- Quality of Service

- Schedule

- Customer Satisfaction

(a) Each Offeror will receive a performance confidence assessment rating based on the Offeror’s recent past performance, focusing on performance that is relevant to the contract requirements.

(b) Recency Assessment: An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three (3) years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

(c) Relevancy Assessment: The Government will conduct an evaluation of all recent performance information obtained to determine if it is the same or similar in nature, size, and complexity to the services being procured under this solicitation. A relevancy determination of the Offeror’s (including joint venture partner(s) and major and critical subcontractor(s)) past performance will be made. In determining relevancy for individual contracts, consideration will be given to the effort, or portion of the effort, being proposed by the Offeror, teaming partner, or subcontractor whose contract is being reviewed and evaluated. In establishing what is relevant for the acquisition, consideration should be given to what aspects of an Offeror’s contract history would give the most confidence that the Offeror will satisfy the current procurement. The past performance information provided in the proposal and obtained from other sources will be used to establish the relevancy of past performance.

(continued)

PageExhibit of

417 personnel:

Lodging 26 Feb 2021 Meals, 26 Feb (Lunch/Dinner) - 27 Feb (Breakfast/Lunch) Transportation and laundry services not required.

139 personnel:

Lodging, laundry, meals (Breakfast/Lunch/Dinner), and transportation 27 Feb - 27 Apr 2021 (if option period is exercised; checkout on 27 Apr, breakfast/lunch that day) Transportation in accordance with the PWS schedule to/from Valencia College West Campus, 1800 Kirkman Road, Orlando, FL 32811, 7 days a week.

52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-36 Payment by Third Party MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 20 252.201-7000 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012

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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(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 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 items.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days of end of Period of Performance (End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at least 5 days before the contract expires, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 61 days.

(End of clause)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ https://www.acq.osd.mil/dpap/dars/class_deviations.html (End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.