B.08 W9126G22Q0052 Combined.pdf

US Army Corps of Engineers Fort Worth District

REQUEST FOR QUOTE

Janitorial Services

Bardwell Lake Office, Ennis, TX

W9126G22Q0052 29 Jul 22

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

Request for Quotes (RFQ) Solicitation Number: W9126G22Q0052 Solicitation is issued by:

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, CT OFC RM 2A17

FORT WORTH TX 76102-0300

PROJECT NAME: Bardwell Lake Janitorial Services, Ennis, Texas

1. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The U.S. Army Corp of Engineers USACE), Fort Worth District intends to establish a Single Award, Indefinite Delivery, Indefinite Quantity (IDIQ) Contract for non-personal serves to perform the services listed below in the description.

Description of Services: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Janitorial Services at the Bardwell Project Office as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

Work shall be performed in support of the USACE Three Rivers Bardwell Office located at 4000 Observation Drive, Ennis, Texas 75119

Periods of Performance will be one (1) twelve (12) month base period, and two (2) twelve (12) month option periods.

The government reserves the right to limit and/or not respond to any further questions pertaining to this project received after August 15, 2022. Offerors should base their quotes on the information provided in the solicitations and all issued amendments thereto.

All answers to technical inquiries and questions are reviewed by the Contracting Officer prior to the response date. Answers to technical inquiries may result in amendment(s) to the solicitation. If an amendment is issued, it will be posted on the Government Point of Entry website www.sam.gov.

2. This is a Request for Quote (RFQ) and incorporates FAR provisions and clauses in effect through the Federal Acquisition Circular (FAC) 220-07 (3 Aug 20). Solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Regulation (FAR) and Department of Defense FAR Supplement (DFARS).

a. The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and a statement regarding any addenda to the provision. Offerors are also required to submit a completed copy of the Request for Quotation and a completed copy of the pricing schedule.

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

http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550

c. Clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and a statement regarding any addenda to the clause.

d. Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition

3. This acquisition is SET ASIDE 100% for Small Business.

4. PSC: S201 Housekeeping – Landscaping/Groundskeeping Services NAICS CODE: 561720, Housekeeping – Custodial Janitorial SIZE STANDARD: $19.5 Million

5. System for Awards Management (SAM): In accordance with FAR 52.204-7(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

6. Evaluation Information: The Government intends to award a firm fixed price (FFP) Single Award Indefinite Delivery, Indefinite Quantity (IDIQ) Contract resulting from this RFQ to the responsible offeror whose offer represents the best value in terms of price, past performance and technical approach and Understanding of the Work IAW 13.106-2(b)&(3).

Quote Content – The quote shall consist of the vendor information sheet. All quotation documents when printed shall fit on 8 x 11-inch paper to include spreadsheets (with the appropriate page breaks). Ensure the quote is submitted in PDF format.

Quotes shall be responsive to and comply with the terms of the combined synopsis solicitation in order to be eligible to receive an award. All combined synopsis/solicitation requirements shall be addressed in sufficient written detail for the Government to determine if the offeror understands each aspect of the Government’s requirement. The offeror/quoter shall address each task separately and shall sufficient narrative and supporting data for each task. Lack of sufficient detail shall be considered sufficient cause for the quote to be determined unacceptable. Statements that the quoter understands, can or will comply with all specifications and statements paraphrasing the specifications or parts thereof, or phrases such as “standard procedures will be used” or “well-known techniques will be used” will be considered unacceptable. The Government will reject the proposal if determined to be materially non-responsive of that does not conform to the terms of the combined synopsis/solicitation.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060971 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5

Quoters that fail to adhere to the submittal requirements will be determined non-responsive and will be considered ineligible for award. To be eligible to receive an award, the quote submitted in response o the combined synopsis/solicitation shall consist of the contents required in the sub-paragraphs described below:

a. Technical: Specifications have been defined in the Performance Work Statement (PWS). The vendor shall submit a technical quote that meets or exceeds all specifications identified in the PWS.

(See FAR Clause 52.212-2 Evaluation – Commercial Items).

Table 1. Technical Acceptable/Unacceptable Ratings

Rating Description

Acceptable Proposal meets the requirements of the solicitation.

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

b. Past Performance: The past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirement. The past performance evaluation considers each offeror’s demonstrated recent and relevant record of performance of Janitorial services that meets the contract requirements. Recent or relevant work is defined as similar work in size and scope within the past four (4) years.

NAVFAC/USACE Past Performance Questionnaire (PPQ): The quoter is required to submit one (1) PPQ with an overall rating of satisfactory or higher to be considered eligible for award. Additional PPQs submitted for assessment will be discarded and not considered for evaluation. The Contracting Officer may use additional data obtained from any available sources such as the Past Performance Information Retrieval System (PPIRS) and personal knowledge to assess the contractor’s likelihood of success in performing the solicitation’s requirements as indicated by those offerors’ record of past performance.

If for any reason, the contractor does NOT have recent or relevant past performance, the quoter is still required to submit a PPQ with a brief narrative explaining “No Recent or Relevant Past Performance”. In the case of a quoter without a record of recent or relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance.

Therefore, the quoter shall be determined to have unknown or (“neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable”.

Table 2. Past Performance Evaluation Ratings

Rating Description

Acceptable Based on the offeror’s 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.

(See note below.)

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

A contractor’s past performance rating may be used at the Contracting Officer’s discretion to make an overall determination of the level of confidence the government has in the contractor’s capability to perform the service. The Contracting Officer may determine that a “Substantial Confidence” or “Satisfactory Confidence” past performance rating is worth more than a “Neutral Confidence” past performance rating as stated in the evaluation

Adjectival Rating Description Substantial Confidence Based on the offeror's recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror's recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort

Neutral Confidence No recent/relevant performance record is available or the offeror' s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror' s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on. the offeror's recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

c. Price: A Firm Fixed Price (FFP) shall be submitted for this effort. The vendor will provide pricing for each line item listed in the attached Quote/CLIN Schedule. The Government will evaluate all aspects of the price proposal for reasonableness. Proposals found to be unreasonable may be rejected on that basis. The Government will only award the required IDIQ if a pre-priced list of services fair and reasonable price can be obtained.

The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

In accordance with FAR Part 29.3 – State and Local Taxes, and per Title 4 of US Code 104-07, the Government is exempt from paying state and local taxes.

Quotes for this solicitation are due no later than (NLT) August 19, 2022, by 10:00 AM CST.

Electronic copies of each volume shall be submitted through the Solicitation Module of the Procurement Integrated Enterprise Environment (PIEE) suite at https://piee.eb.mil/. Quotes submitted by mail or hand carried will not be evaluated. Proposals sent through proprietary or third-party File Transfer Protocol (FTP) sites or DoD SAFE will not be retrieved. It is the responsibility of the Offeror to confirm receipt of proposals. All proposals received after the exact time specified for receipt shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Federal Acquisition Regulation (FAR).

There are 10 general steps a vendor must follow in order to use PIEE application modules. A complete list can be viewed at the following site:

https://piee.eb.mil/xhtml/unauth/web/homepage/vendorGettingStartedHelp.xhtml#step5

For instructions on how to post an offer, please refer to the Posting Offer demo:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf.

It is the Offeror’s responsibility to obtain written confirmation of receipt of all electronic files of the full proposal by the Fort Worth District Contracting office. In the event that the Solicitation Module is down, the alternate method for proposal submission is via email to: CIV-OPS.Proposals@usace.army.mil ONLY. The Offeror must obtain prior approval from the Contracting Officer (Jamauh D. Winston) or the Contract Specialist (Ms. Kisha Cook) nikisha.w.cook@usace.army.mil to use the alternate submission method. Offerors are responsible for ensuring electronic copies are virus-free and shall run an anti-virus scan before submission.

Electronic copies of each volume shall be compatible with the following software products: Adobe Acrobat Reader 11 and Microsoft Office Suite 2016. Narrative portions of the proposal shall be in Adobe Acrobat portable document file (pdf) searchable text format. The Offeror shall not embed sound or video (e.g., MPEG) files into the proposal files. Electronic files shall be clearly identified for each volume, section, and item.

https://piee.eb.mil/ https://piee.eb.mil/xhtml/unauth/web/homepage/vendorGettingStartedHelp.xhtml#step5 https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf mailto:CIV-OPS.Proposals@usace.army.mil mailto:nikisha.w.cook@usace.army.mil

7. Submittals: Offerors must submit representation and certifications in accordance with the provisions at FAR 52.212-3 Offeror Representation and Certifications – Commercial Item (Accessible at https://www.acquisition.gov) or the vendor may verify their Online Representation and Certification Application (ORCA) is updated in SAM by checking “Yes” on the Vendor information sheet. The contract specialist will verify the quoters FAR & DFAR Reports are updated in SAM.GOV prior to determining the quoter responsive.

Submit the following in one PDF files in the response to the RFQ

a. Vendor Information Sheet,

b. Technical Approach and Understanding of Work (See Clause 52.212-2 Evaluation – Commercial Products and Services)

c. Past Performance NAVFAC/USACE Past Performance Questionnaire (See Clause 52.212-2 Evaluation – Commercial Items). Recent or relevant work is defined as similar work in size and scope within the past four (4) years. The Contracting Officer shall deem an offeror non-responsive if the offeror fails to submit a PPQ IAW 52.212-1(b)(10). If for any reason the contractor does NOT have recent or relevant past performance, they are still required to submit a PPQ with a brief narrative explaining, "No Recent or Relevant Past Performance. An Offeror that submits a PPQ that is deemed neither recent nor relevant will be treated as “NEUTRAL”.

d. Quote Schedule & CLIN Schedule. Incomplete Quote/CLIN schedules will be rejected and the quoter will be deemed non-responsive.

e. Complete and return the provisions at 52.204-24, and 52.204-26

f. If applicable, acknowledge and return any amendments with your submittals.

g. Contractors that failure to adhere to the submittal requirements will be determined non-responsive and will be considered ineligible for award.

https://www.acquisition.gov/

8. 52.237-1 SITE VIST

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Prospective offerors/quoters are required to contact the Contract Specialist via email to express their interests by 3:00 PM (CST) two business days prior to attending the site visit. Site visit attendees must provide the following information the Solicitation Number, Project Title, Name(s) of Individual(s) who will attend the site visit, Name of Company Represented, Phone Number of Company being represented. All attendees required sign attendance sheet.

Address: U.S. Army Corps of Engineers

Bardwell Lake Office 4000 Observation Drive Ennis, TX 75119 POC: Dylan Mayfield

CT POC: Nikisha Cook Contact Info: 817-886-1472 Email: Nikisha.w.cook@usace.army.mi

Conference: 10 August 2022 at 10:00 CDT

VENDOR INFORMATION SHEET

Sam Rayburn Medical Surveillance Services

COMPANY NAME

POC

(Last, First Middle)

ADDRESS

(Number & Street) (City, State and Zip)

PHONE NUMBER MOBILE

(Area code and number) (Area code and number)

EMAIL ADDRESS___________________________________________

Unique Identity NUMBER CAGE CODE NUMBER_______________

Vendor’s Online Representation and Certification Application (ORCA) are updated in SAM Yes No

Signature Date

ATTACHMENT 1

NAVFAC/USACE PAST PERFORMANCE QUESTIONAIRE (Form PPQ-0)

CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information Firm name: CAGE Code:

Address: DUNS Number:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of Project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information Contract Number:

Delivery/Task Order Number (if applicable):

Contract type: Firm Fixed Price Cost Reimbursement Other (please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy) Explain Differences:

Original Contract Price (Award Amount):

Final contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information Name:

Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client’s Signature:

NOTE: NAVFAC/USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNARIE AND

SUBMITS DIRECTLY BACK TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE COMPLETED

QUESTIONNARIE TO USACE WITH THEIR PROPOSAL, AND MAY DUPLICATE THIS

QUESTIONNAIRE FOR FUTURE SUBMISSION ON USACE SOLICITATION. CLIENTS ARE HIGHLY

ENCOURAGED TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR. HOWEVER,

QUESTIONNAIRES MAY BE SUBMITTED DIRECTLY TO USACE. PLEASE CONTACT THE

OFFEROR FOR USACE POC INFORMATION. THE GOVERNMENT RESERVES THE RIGHT TO

VERIFY ANY AND ALL INFORMATION ON THIS FORM.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Year- Bardwell Janitorial Services

FFP

The Contractor shall furnish all equipment, materials, plant and labor necessary to perform janitorial services at Bardwell Lake, Ennis TX. In accordance with specifications.

NET AMT

0001AA 52 Job First Cleaning of Week

FFP

FOB: Destination

PSC CD: S201

0001AB 52 Job Second Cleaning of Week

FFP

OPTION Option Year One

FFP

The Contractor shall furnish all equipment, materials, plant and labor necessary to specifications.

1001AA 52 Job OPTION First Cleaning of Week

FFP

1001AB 52 Job OPTION Second Cleaning of Week

FFP

OPTION Option Year Two

FFP

The Contractor shall furnish all equipment, materials, plant and labor necessary to specifications. 1 October 2024 through 30 September 2025

2001AA 52 Job OPTION First Cleaning of Week

FFP

2001AB 52 Job OPTION Second Cleaning of Week

FFP

CLIN SCHEDULE

CLIN SCHEDULE

BARDWELL LAKE OFFICE, ENNIS TEXAS

JANITORIAL SERVICES

0001 BASE YEAR: 1 OCT 2022 THROUGH 30 SEP 2023

Items Each Unit Price Amount

0001AA First Cleaning of Week 52

0001AB Second Cleaning of Week 52

TOTAL BASE YEAR (LINE ITEMS 0001AA

THRU 0001AB)

Total

0002 OPTION YEAR 1 - 1 OCTOBER 2023 THROUGH 30

SEPTEMBER 2024

0002AA First Cleaning of Week 52

0002AB Second Cleaning of Week 52

TOTAL OPTION YEAR 1 (LINE ITEMS 0002AA THRU 0002AB)

0003 OPTION YEAR 2 - 1 OCTOBER 2024 THROUGH 30

SEPTEMBER 2025

0003AA First Cleaning of Week 52

0003AB Second Cleaning of Week 52

TOTAL OPTION YEAR 2 (LINE ITEMS 0003AA THRU 0003AB)

Base and All Options Total

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A

0001AA Destination Government Destination Government

0001AB Destination Government Destination Government

1001 N/A N/A N/A N/A

1001AA Destination Government Destination Government

1001AB Destination Government Destination Government

2001 N/A N/A N/A N/A

2001AA Destination Government Destination Government

2001AB Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA POP 01-OCT-2022 TO

30-SEP-2023

N/A BARDWELL PROJECT OFFICE

DYLAN MAYFIELD

4000 OBSERVATION DRIVE

ENNIS TX 75119-9563

(972) 875-5711 X 1032

967419

0001AB POP 01-OCT-2022 TO

30-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

1001 N/A N/A N/A N/A

1001AA POP 01-OCT-2023 TO

30-SEP-2024

N/A BARDWELL PROJECT OFFICE

DYLAN MAYFIELD

4000 OBSERVATION DRIVE

ENNIS TX 75119-9563

(972) 875-5711 X 1032

1001AB POP 01-OCT-2023 TO

30-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

2001 N/A N/A N/A N/A

2001AA POP 01-OCT-2024 TO

30-SEP-2025

N/A BARDWELL PROJECT OFFICE

DYLAN MAYFIELD

4000 OBSERVATION DRIVE

ENNIS TX 75119-9563

(972) 875-5711 X 1032

2001AB POP 01-OCT-2024 TO

30-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

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

Commercial Services

NOV 2021

52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-4 Recovered Material Certification MAY 2008

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

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

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

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

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022

252.219-7011 Notification to Delay Performance JUN 1998

252.223-7999 (Dev) Ensuring Adequate COVID-19 Safety Protocols for Federal

Contractors (Deviation 2021-O0009)

OCT 2021

252.225-7048 Export-Controlled Items JUN 2013

252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

APR 2019

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JAN 2021

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph

(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

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

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

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

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

Covered telecommunications equipment or services means--

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

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

Company (or any subsidiary or affiliate of such entities);

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

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

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

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

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

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

Code, or part 73 of title 42 of such Code; or

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

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

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

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

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

Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in 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 https://dibnet.dod.mil/ https://dibnet.dod.mil/ information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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

(End of clause)

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

2020)

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

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)

(a) Definition. Commercially available off-the-shelf (COTS) item, as used in this clause--

(1) Means any item of supply (including construction material) that is--

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" in Federal

Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and https://www.sam.gov/

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal

Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for

Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the

Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that--

(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of clause)

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

(NOV 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3

(see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of…