B08_W912CM24R0009 P0001 CONFORMED COPY.pdf
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- Solicitation number
- W912CM24R0009
About this file
This document is a solicitation (W912CM24R0009) issued by the Department of the Army Materiel Command Army Contracting Command for preventive maintenance and repair services for heating, ventilation, air conditioning (HVAC), and industrial appliances equipment within the United States Army Garrison (USAG) Wiesbaden, Germany.
The contract will be a single award, hybrid fixed-price/time and materials indefinite delivery/indefinite quantity (IDIQ) contract with a 6-month base period and four 1-year ordering periods. The contractor will provide preventive maintenance, density checks, hygiene inspections, on-demand repairs, and inventory/labeling services. The work must be performed in compliance with German laws and regulations. The solicitation includes an inventory list of the equipment covered and a Quality Assurance Surveillance Plan. A site visit for interested contractors is scheduled for August 26, 2024. Proposals are due by September 13, 2024 and the contract will be awarded on a lowest price technically acceptable basis.
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Other files
| File | Type | Posted |
|---|---|---|
| B08_W912CM24R0009 P0001 AMENDMENT.pdf | ||
| Attachment 2 - HVAC Inventory List.xlsx | XLSX spreadsheet | |
| PWS - W912CM24R0009 - M and R HVAC.pdf | ||
| Attachment 6_Reference Information Sheet.docx | DOCX document | |
| Attachment 1 - Price Book - HVAC.xlsx | XLSX spreadsheet | |
| Attachment 5 - IRS Form W-14.pdf | ||
| Attachment 4 - Instructions for IRS Form W-14.pdf | ||
| B08_ W912CM24Q0020_RFQ_HVAC.pdf | ||
| Attachment 3 - QASP - HVAC.pdf |
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SEE ADDENDUM
(No Collect Calls)
W912CM24R0009 15-Aug-2024
b. TELEPHONE NUMBER
+49 611143 546 6722
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 13 Sep 2024
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912CM9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
TAGU, NANCY N.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
0012083581
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
RCO WIESBADEN
KO DIRECTORATE OF CONTRACTING
CMR 410, BOX 741
APO AE 09096
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W582RS 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
W6E9 USAG WIESBADEN
SEBASTIAN FUCHS, USAG WIESBADEN
01057 DILTZ PLACE
09005-9623 UNIT 29623, BOX 30, APO AE
GERMANY
TEL: FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$12,500,000
NAICS:
811310
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF106
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W912CM24R0009
Section SF 1449 - CONTINUATION SHEET
ADDENDUM TO FAR 52.212-1
Addendum to provision 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services:
FAR 52.212-1 is hereby amended to reflect the changes shown below as to the specific paragraph being revised.
Paragraph (a) North American Industry Classification System (NAICS) code and small business size standard. This provision is amended to read: Small business size standard does not apply to this solicitation.
Paragraph (b) – Submission of proposals and Para. (f) Late Submissions, Modifications, Revisions, and Withdrawals of Proposals are hereby revised to include:
1. Proposals shall be received prior to the time and date specified in Block 8 on page 1 of the Standard Form
1449 (SF 1449). The time for submission of proposeals is Central European Time (CET), Wiesbaden, Germany local time. Proposals received after this date and time are “late” and may not be considered for award. It is the Offeror’s responsibility to ensure proposals are received timely.
2. Offeror shall submit proposals via email only. Submissions shall be emailed to all the following:
1. Contract Specialist: Nancy Tagu at nancy.n.tagu.ln@army.mil
2. Contracting Officer: Aaron Ritter at aaron.m.ritter.civ@army.mil
3. RCO Wiesbaden Mailbox: usarmy.rheinland-pfalz.409-contr-spt-bde.mbx.rco-wie-bids@army.mil.
SUBJECT of e-mail shall be “Submission of proposal W912CM-24-R-0009”. Proposals that are sent in multiple emails shall be numbered to include the total number of emails sent.
NOTE: (1) The size restriction for attachments to emails on the US Government server is 10 MB.
(2) Failure to submit to all email addresses may result in your proposal not being considered for award.
(3) Faxed and mailed (paper) proposals are not authorized and may be rejected.
(4) All proposals shall be submitted in English.
3. All questions regarding to this solicitation shall be submitted in writing via email to all email addresses listed above. The Government requests that you submit questions as soon as possible, but no later than 1400 Central European Time on 28 August 2024. Questions received after this date and time may not be answered by the Government. Questions shall annotate a reference to the specific part of the solicitation (for example, page and paragraph number) to which they pertain. Answers to questions will be posted at https://www.sam.gov under the solicitation number. It is the Offeror’s responsibility to monitor SAM.gov for posting of amendments, answers to questions, and other instructions, if any.
4. Data previously submitted, if any, will not be used in the evaluation of your response to this solicitation.
Previously submitted data shall not be included in your proposal “by reference”.
5. This solicitation does not commit the Government to pay any costs incurred in the preparation and submission of your proposal or in making any necessary studies for the preparation thereof, or for any visit the Contracting Officer may request for the purpose of clarification of the proposal or for preparation of negotiations.
6. INSTRUCTIONS FOR WRITTEN SUBMITTALS
a. This is a competitive procurement in accordance with FAR Subpart 12.6, Streamlined Procedures for
Evaluation and Solicitation for Commercial Products and Commercial Services, and conducted under the authority of FAR Part 13, Simplified Acquisition Procedures. The Government intends to issue a single-award Indefinite Delivery / Indefinite Quantity (IDIQ) contract for this requirement.
b. The Government intends to award the contract on a Lowest Price Technically Acceptable (LPTA) basis pursuant to the award evaluation criteria stated in FAR clause 52.212-2. The Offeror is cautioned to examine this solicitation in its entirety and to ensure that their proposal contains all necessary information, provides all required documentation, and is complete in all respects.
c. The Government intends to award a contract without exchanges. Therefore, in accordance with FAR provision 52.212-1(g), the Offeror’s initial proposal should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct exchanges if it is in the best interest of the Government as determined by the Contracting Officer.
7. PROPOSAL FORMAT AND CONTENT:
a. This solicitation utilizes streamlined acquisition procedures. Proposals will be evaluated by the Government based on the evaluation criteria stated in FAR 52.212-2 of this solicitation.
The Government will use the following factors and subfactors for its evaluation:
FACTOR I - Technical
SUBFACTOR A – Entry Qualifications SUBFACTOR B - Experience
FACTOR II - Supplier Performance Risk System (SPRS) FACTOR III - Price
b. This paragraph provides detailed instructions regarding the format for the proposal submission:
i. Proposal submission shall be clearly indexed and logically assembled based on the table below. Each volume shall be clearly identified and shall begin at the top of a page.
ii. All pages of each original volume shall be appropriately numbered and identified by the complete company name, date, and solicitation number in the header or footer.
iii. Pages shall be numbered sequentially by volume. If there is an ambiguity in the numbering of pages, the Government may exercise its own discretion in counting pages.
iv. Page size shall be 8.5 x 11 inches, or A4. Use 1-inch margins on all sides of each page.
Paragraphs shall be single-spaced. Font shall be no less than 12-point. This does not apply to copies of certificates or any solicitation documents.
v. Types of acceptable media are Word or PDF files.
vi. Offeror’s Technical Approach shall not exceed fifteen (15) single-sided pages. Any pages more than fifteen (15) will not be evaluated by the Government. Resumes, completed copies of the SF 1449, representations/certification, and any certificates / licenses, will not be considered part of the page count.
c. VOLUME I – PROPOSAL AND REPRESENTATIONS AND CERTIFICATIONS:
i. An authorized official shall complete the SF1449 in blocks 12, 17a, 30a, 30b, and 30c.fA
ii. SAM Registration (SAM.gov)
iii. The offeror shall complete and return the following:
Volume Volume Title Page Limit
I
1. “SOLICITATION/CONTRACT/ORDER FOR
COMMERCIAL ITEMS” shall be completed and signed by an official authorized to bind the Offeror.
2. Completed representations / certifications (if required):
a. FAR 52.204-24, Representation Regarding
Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)
b. FAR 52.212-3 ALT I, Offeror Representations and Certifications, Commercial Products and Commercial Services (MAY 2024)
c. FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation
(JUN 2020)
d. DFARS 252.229-7001, Tax Relief – Alt 1
(APR 2020)
N/A
II
Factor I – Technical SUBFACTOR A – Entry Qualifications SUBFACTOR B - Experience
Fifteen (15) single-sided pages (Excludes resumes/qualification documents and experience submittals
III
Factor II - Price
a. Completed copy of Attachment 1 Price Book (all highlighted cells on all worksheets must be completed by the Offeror, and,
b. Completed SF1449 Schedule Supplies/Services with prices filled-in for all contract line items (CLINs) based on calculations gathered from Attachment 1 (Price Book)
N/A
a) FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)
b) FAR 52.212-3 ALT I, Offeror Representations and Certifications -- Commercial Items (MAY 2024). Note: Offerors registered in SAM need only complete paragraph b of the above clause, if applicable.
c) FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation (JUN 2020).
Note: Offerors seeking exception shall complete Department of the Treasury Internal Revenue Service Form W-14, Certificate of foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Instructions on how to complete the W-14 form can be found at www.irs.gov/instructions/iw14.
d) DFARS 252.229-7001, Tax Relief – Alternate I (APR 2020)
iv. Acknowledgement of all Amendments to the solicitation (if any amendments are issued).
This request does not commit the Government to pay any costs incurred in the preparation and submission of your proposal or in making any necessary studies for the preparation thereof, or for any visit the Contracting Officer may request for the purpose of clarification of the proposal or for preparation on negotiations.
d. VOLUME II – FACTOR I - TECHNICAL
i. SUBFACTOR A – ENTRY QUALIFICATIONS Offerors shall submit the following to demonstrate it can meet the certification and licensure requirements stated in the PWS.
a) The company’s registration from the Chamber of Trade (Handwerkskammer) or the Chamber of
Commerce (Industrie und Handwerkskammer (IHK) that is certified as “Kaelte Klima Fachbetrieb”.
b) Resume(s) and any other documentation demonstration the experience, certifications, and qualifications for any contracting personnel proposed to be “key personnel” as defined in the PWS.
c) An attestation or some other document that verifies all contractor employees planned to work this contract meet the following certification requirements based on their position:
(1) Certified Master (Meister) or Engineer (Ingenieur) level for refrigerant systems
(Kaelteanlagenbau - Meister or Ingenieur).
(2) Certified qualified personnel (“befaehigte Person”) possessing the following qualifications: -
- VDI 6022 – Hygiene training courses - RLT systems, Category A and B (VDI 6022–
Hygieneschlulung RLT Anlagen Kategorie A und B)
- Certified personnel of category I in accordance with:
o Artikel 5 der Verordnung (EG) Nr. 842/2006 o Verordnung (EG) Nr. 303/2008 o Para 5 der ChemKlimaschutzV o Apprenticeship diploma refrigeration engineering (unaltered German version‘Gesellenbrief Kaeltetechnik’)
(3) Hoisting platform according to BGR 500 and BGR 945 (Hebebuehnen nach BGR 500 und
BGR 945).
Certificates obtained abroad must be translated to German and certified by the Bundesministerium fuer Bildung und Forschung (www.anerkennung-in-deutschland.de) in Germany.
ii. SUBFACTOR B – EXPERIENCE
i. The Offerors shall submit an individual Reference Information sheet (Attachment 6) for a minimum of two (2) but no more than three (3) reference contracts that are recent, as defined below. All references shall describe experience in the area of HVAC maintenance and repair. The Offeror shall ensure the contact and contract information contained in each Reference Information sheet is accurate.
The Government may contact references to verify the accuracy of the information provided.
“Recent” is defined as the efforts that are completed or ongoing during the past five (5) years prior to the issue date of the solicitation.
“Relevant” is defined as similarity to work contemplated under this Solicitation with respect to scope, type of work, and value. The value for each reference sheet submitted shall be an annual minimum of € 200,000.00.
e. VOLUME III – FACTOR II - PRICE
i. Offeror shall complete and submit the “Schedule of Supplies/Services” for contract line items 0001- 0005, 1001 - 1005, 2001 - 2005, 3001 - 3005, 4001 – 4005, and all highlighted cells of the same CLINs contained in the Price Book Attachment 01.
ii. Note that all CLINs are firm fixed prices with the exception of CLIN 0005 where the Offeros shall enter the proposed hourly rates for E002 and E003.
iii. Do not lock or protect the excel worksheets or submit them in pdf format. It is not the Government’s intent to change any entries, but to assist in calculations.
iv. Offerors shall enter the total price in Euros (€) for each line item. Proposals shall be provided with only 2-digits after the decimal point.
v. Prices provided shall be fully loaded, inclusive of all fees, overheads, G&A, insurance, profits, or any other markups. Complete pricing for each CLIN or Sub-CLIN as required without taxes and duties for which the U.S. Government is exempt and including all shipping charges, FOB Destination to Germany.
Failure to do so may be a cause for the proposal to not be considered for award.
vi. In the event there is a difference between a unit price and the total amount, the unit price will be held to be the intended proposal and the total of the CLIN will be recomputed accordingly. US Companies are encouraged to provide US Dollar proposals only, as otherwise serious payment problems may occur.
f. SUPPLIER PERFORMANCE RISK SYSTEM (SPRS):
In accordance with Defense Federal Acquisition Regulations (DFARS) 204.76, the Government is required to utilize SPRS risk assessments for quotes and proposals in response to solicitations for supplies and services, to include solicitations using FAR Part 12 procedures for the acquisition of commercial products and commercial services, unless excepted by Department of Defense Instruction (DoDI) 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information. The SPRS retrieves item, price, quality, delivery, and contractor information from contract in Government reporting systems to develop risk assessments of Contractors. While not a formal evaluation factor for the purposes of this procurement, the KO shall consider price risk and supplier risk, if available in SPRS, as part of the award decision. Offerors without a risk assessment in SPRS shall not be considered favorably or unfavorably. See DFARS Provision 252.204-7024 Notice on the Use of the Supplier Performance Risk System, for details.
g. The completion and submission to the Government of the above items will constitute the proposal. The proposal shall communicate the Offeror’s unconditional assent to the terms and conditions in this solicitation, including any attachments and documents incorporated by reference. The Offeror’s failure or refusal to assent to any of the terms and conditions of this solicitation or the Offeror’s imposition of additional conditions or any material omission in its proposal may constitute a deficiency that will make the proposal unacceptable to the Government. The Government reserves the right to permit Offeror to revise their proposal if in the Government’s best interest.
h. All information shall be confined to the appropriate volume. The Government will not consider information found in other volumes. Offerors shall confine submissions to essential matters, sufficient to define the proposal and provide adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of their proposal. Proprietary information shall be clearly marked.
i. If a proposal is missing any of the elements listed in this RFQ, the proposal may be deemed to be
“unacceptable” and may not be evaluated further. The Government may also determine a proposal “unacceptable” if the Offeror takes any exceptions to the terms and conditions of the RFP or imposes conditions.
8. Para (c) Period for acceptance of Offerors, is hereby revised as follows: "The Offeror agrees to hold the prices in its proposal firm for 90 calendar days from the date specified for receipt of offerors."
9. Para (d) Product Samples. N/A.
10. Para (f) Late submissions, modifications, revisions, and withdrawals of offerors. Paragraph (f)(1) of this provision is amended to read: Offerors are responsible for submitting proposals, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation (See Blocks 8 & 9 on page 1). "Local Time" means Central European Time (or Central European Summer Time, as appropriate). Paragraph (h) - Multiple awards: Only one contract award will be made.
11. Para (h) Multiple Awards. This is amended as to state that only one award will be made from this solicitation.
12. Para (i) Availability of Requirements document cited in the solicitation. This paragraph does not apply to this solicitation.
13. The following is hereby added: Para (m) System for Award Management (SAM). Per FAR 4.1102, prospective Contractors shall be registered in System for Award Management (SAM) database prior to award of a contract or agreement.
(End of Addendum)
ADDENDUM TO FAR 52.212-4
In accordance with FAR 12.302, Tailoring of Provisions and Clauses for Acquisition of Commercial Items, FAR Clause 52.212-4 is tailored as follows to reflect special contract terms and conditions that are unique for this contract.
Para (a) Inspection and Acceptance is revised to add the following:
a. Place of Inspection and point of acceptance of the services performed under this contract shall be at destination.
b. Inspection and acceptance of services under this contract shall be performed by the designated
Contracting Officer’s Representative (COR) of the Receiving Activity.
In addition to FAR 52.212-4 (i) “Payments” the following shall apply: Partial payments are authorized.
Para (o) Warranty: The following shall apply in addition:
COMMERCIAL WARRANTY:
The Contractor agrees that supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.
Para (t) System for Award Management (SAM). RESERVED
Contractors shall be registered in the System for Award Management (SAM), URL:
https://www.sam.gov/portal/public/SAM/ prior to contract award.
ELECTRONIC PAYMENT AND PROCESSING OF INVOICES:
c. The Contractor shall submit invoices electronically through Procurement Integrated Enterprise Environment (PIEE) (formerly known as Invoicing, Receipt, Acceptance, and Property Transfer (iRAPT), formerly WAWF)). See DFARS clause 252.232-7006, WAWF Payment Instructions, incorporated herein in this contract.
d. The Contractor shall designate an Electronic Business (EB) point of contact in the Central Contractor
Registration site at www.sam.gov to be able to use PIEE. Contractors shall be registered in SAM prior to award and are urged to begin the registration process as early as possible to ensure registration can be activated at time of award.
e. To activate CAGE (NCAGE) for your company in PIEE the following information shall be submitted to the W912CM24Q0020.
EMAIL address: disa.ogden.esd.mbx.cscassig@mail.mil SUBJECT: WAWF CAGE Code Activation
TEXT:
Ogden Support: Please activate the following CAGE Code(s) in WAWF:
1. Cage Code(s):
2. EB POC’s Name:
3. EB POC’s Email:
4. EB POC’s Phone Number:
f. The COR will verify and certify that supplies or services have been provided in accordance with the terms and conditions of this contract, verify and certify correctly completed invoices and authorize payment using the iRAPT system.
g. Administrative Office:
409th CSB, Regional Contracting Office Wiesbaden
ATTN: CCSB-EUZ-CSW
Konrad-Adenauer-Ring 39 65187 Wiesbaden, Germany
NOTE: If the contract has more than one Line Item, Contractors shall indicate on their invoice the individual Line Item Amounts; Lump Sum Requests for payment will be returned by the Finance Office for correction. See FAR 52.212-4(g) for Invoice Requirements.
INSTALLATION CLEARANCE REQUIREMENTS
h. Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.
i. The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control (IAC) processing requirements.
j. The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access. D. AE Regulation 190-16 (and AE Regulation 190-16-G German translation) can be found on the following website: https://www.aepubs.eur.army.mil/AE- Regulations/?smdsearch8659=AE%20Regulation%20190-16
(End of Addendum)
INFO TRANSITION TO ACWS
Army Contract Writing System (ACWS) Transition Information for Quoters
a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation.
b. During this transition period, Quoters are hereby advised:
1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any). Due to this:
i. This solicitation may contain different Quoter submission instructions than other solicitations released by the same Contracting Office (e.g. requiring quoter submission via the PIEE Solicitation Module vs. e-mail). Quoters should review all quoter submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer.
ii. If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.
iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Quoters shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer.
2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Quoter, may still be the first to spot such errors. Therefore, Quoters shall:
i. Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award.
ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.
iii. Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances.
3. The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental quoter terms.
4. In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:
i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.
ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.
iii. Will ensure any action taken does not conflict with the stated quoter evaluation and award methodology of this requirement.
iv. Will issue a complete, properly-formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal.
(End of Special Instruction)
ATTACHMENTS & EXHIBITS
Attachment 1: Price Book Attachment 2: Inventory List Attachment 3: Quality Assurance Surveillance Plan (QASP) Attachment 4: Instructions for IRS Form W-14 Attachment 5: IRS Form W-14 Attachment 6: Reference Information Sheet
SITE VISIT INFORMATION
A site visit has been scheduled on 26 August 2024 to begin PROMPTLY at 10:00 AM Central European Time.
Companies interested in sending a representative should plan to meet at the location below:
Front Gate of Clay Kaserne, Air Base Wiesbaden Flugplatz Wiesbaden Erbenheim Building Number: 1067 – Visit Center 65205 Wiesbaden Erbenheim
It is strongly recommended that any company interested in this requirement should attend the site visit to ensure they fully understand the requirement. Please be prepared as multiple sites may be visited and Contractors are responsible for providing their own transportation within and between facilities.
Any company who is interested in having someone attend the Site Visit must contact Nancy Tagu at nancy.n.tagu.ln@army.mil and Aaron Ritter at aaron.m.ritter.civ@army.mil no later than 21 August 2024 at 1400.
Contractors should provide the building numbers they would like to visit, provide the name(s) and contact information of their representative(s) so that we can notify our personnel.
Any questions pertaining to the Site Visit, that need to be addressed must be presented in writing to the contacts above no later than 21 August 2024 at 1400.
IDIQ
General Overview of Indefinite Delivery/Indefinite Quantity Contract Orders Initial Single Award Contract Award: This single solicitation will permit award of one (1) Indefinite Delivery / Indefinite Quantity (IDIQ) contract.
Following contract award, the Government will issue a task order for services covered by Ordering Period 1. Task orders will be based on the periods of performance on the contract and will not be issued until certified funding is available.
The anticipated task orders will be hybrid Firm-Fixed Price (FFP) and Time and Material (T&M). The T&M CLIN(s) are for on-call/demand repair services and shall be based upon firm fixed labor rates established in the price book to be incorporated into the award. Issuance of task orders and task order ceilings shall be based upon the bonefide need of the Government at the time of issuance, as well as the availability of funds. Minimum and maximum amounts are established below.
Under the contract(s), task orders will be issued in which the Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items for non-personal services necessary as defined in this PWS.
No ordering officers will be appointed. Orders will be issued through the contracting office. No oral orders will be issued, all orders will be issued in writing. Task orders will be issued unilaterally.
MINIMUM / MAXIMUM AMOUNTS
NOTE: The guaranteed minimum under this contract is $500.00. The guaranteed minimum is applicable to the entire contract period.
The maximum the Government may purchase under this contract shall not exceed the total contract value over the whole contract period.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Preventive Maintenance
FFP
ORDERING PERIOD 1. The contractor shall perform non-personal preventive maintenance (PM) services on HVAC Systems and Components listed in Attachment 2 Inventory List in accordance with the Performance Work Statement.
See Atachment 1 Price Book for rates per equipment type.
FOB: Destination
PURCHASE REQUEST NUMBER: 0012083581
PSC CD: J041
NET AMT
0002 151 Job Hygiene Inspections
FFP
ORDERING PERIOD 1. The contractor shall provide non-personal hygiene inspection services in accordance with PWS 5.2.1.3, Hygiene Inspections of HVAC Components.
FOB: Destination
0003 192 Job Density Checks
FFP
ORDERING PERIOD 1. The contractor shall perform non-personal density check services at stationary cooling devices and air conditioning systems with content of refrigeration agent in accordance with the PWS 5.2.1.4, Density Checks.
FOB: Destination
0004 250 Job Inventory & Labeling
FFP
ORDERING PERIOD 1. The contractor shall perform non-personal inventory and labeling services in accordance with the PWS 5.2.1.2, Labeling.
FOB: Destination
0005 1 Job On-Call Repairs
T&M ORDERING PERIOD 1. The contractor shall perform non-personal on-call repair services in accordance with the PWS. Payment will be at the firm fixed labor rates specified in Attachment 1_Price Book of this contract.
FOB: Destination
TOT ESTIMATED PRICE
CEILING PRICE
1001 1 Job Preventive Maintenance
FFP
ORDERING PERIOD 2. The contractor shall perform non-personal preventive maintenance (PM) services on HVAC Systems and Components listed in Attachment 2, Inventory List in accordance with the Performance Work Statement.
See Atachment 1 Price Book for rates per equipment type.
FOB: Destination
1002 151 Job Hygiene Inspections
FFP
ORDERING PERIOD 2. The contractor shall provide non-personal hygiene inspection services in accordance with PWS 5.2.1.3, Hygiene Inspections of HVAC Components.
FOB: Destination
1003 200 Job Density Checks
FFP
ORDERING PERIOD 2. The contractor shall perform non-personal density check services at stationary cooling devices and air conditioning systems which contain refrigeration agent in accordance with the PWS 5.2.1.4, Density Checks.
FOB: Destination
1004 500 Job Inventory & Labeling
FFP
ORDERING PERIOD 2. The contractor shall perform non-personal inventory and labeling services in accordance with the PWS 5.2.1.2, Labeling.
FOB: Destination
1005 1 Job On-Call Repairs
T&M ORDERING PERIOD 2. The contractor shall perform non-personal on-call repair services in accordance with the PWS. Payment will be at the fixed price labor rates specified in Attachment 1_Price Book of this contract.
FOB: Destination
2001 1 Job Preventive Maintenance
FFP
ORDERING PERIOD 3. The contractor shall perform non-personal preventive maintenance (PM) services on HVAC Systems and Components listed in Attachment 2 Inventory List in accordance with the Performance Work Statement.
See Atachment 1 Price Book for rates per equipment type.
FOB: Destination
2002 151 Job Hygiene Inspections
FFP
ORDERING PERIOD 3. The contractor shall provide non-personal hygiene inspection services in accordance with PWS 5.2.1.3, Hygiene Inspections of HVAC Components.
FOB: Destination
2003 200 Job Density Checks
FFP
ORDERING PERIOD 3. The contractor shall perform non-personal density check services at stationary cooling devices and air conditioning systems with content of refrigeration agent in accordance with the PWS 5.2.1.4, Density Checks.
FOB: Destination
2004 500 Job Inventory & Labeling
FFP
ORDERING PERIOD 3. The contractor shall perform non-personal inventory and labeling services in accordance with the PWS 5.2.1.2, Labeling.
FOB: Destination
2005 1 Job On-Call Repairs
T&M ORDERING PERIOD 3. The contractor shall perform non-personal on-call repair services in accordance with the PWS. Payment will be at the fixed price labor rates specified in Attachment 1_Price Book of this contract.
FOB: Destination
3001 1 Job Preventive Maintenance
FFP
ORDERING PERIOD 4. The contractor shall perform non-personal preventive maintenance (PM) services on HVAC Systems and Components listed in Attachment 2 Inventory List in accordance with the Performance Work Statement.
See Atachment 1 Price Book for rates per equipment type.
FOB: Destination
3002 151 Job Hygiene Inspections
FFP
ORDERING PERIOD 4. The contractor shall provide non-personal hygiene inspection services in accordance with PWS 5.2.1.3, Hygiene Inspections of HVAC Components.
FOB: Destination
3003 200 Job Density Checks
FFP
ORDERING PERIOD 4. The contractor shall perform non-personal density check services at stationary cooling devices and air conditioning systems with content of refrigeration agent in accordance with the PWS 5.2.1.4, Density Checks.
FOB: Destination
3004 500 Job Inventory & Labeling
FFP
ORDERING PERIOD 4. The contractor shall perform non-personal inventory and labeling services in accordance with the PWS 5.2.1.2, Labeling.
FOB: Destination
3005 1 Job On-Call Repairs
T&M ORDERING PERIOD 4. The contractor shall perform non-personal on-call repair services in accordance with the PWS. Payment will be at the fixed labor rates specified in Attachment 1_Price Book of this contract.
FOB: Destination
4001 1 Job Preventive Maintenance
FFP
ORDERING PERIOD 5. The contractor shall perform non-personal preventive maintenance (PM) services on HVAC Systems and Components listed in Attachment 2 Inventory List in accordance with the Performance Work Statement.
See Atachment 1 Price Book for rates per equipment type.
FOB: Destination
4002 151 Job Hygiene Inspections
FFP
ORDERING PERIOD 5. The contractor shall provide non-personal hygiene inspection services in accordance with PWS 5.2.1.3, Hygiene Inspections of HVAC Components.
FOB: Destination
4003 200 Job Density Checks
FFP
ORDERING PERIOD 5. The contractor shall perform non-personal density check services at stationary cooling devices and air conditioning systems with content of refrigeration agent in accordance with the PWS 5.2.1.4, Density Checks.
FOB: Destination
4004 500 Job Inventory & Labeling
FFP
ORDERING PERIOD 5. The contractor shall perform non-personal inventory and labeling services in accordance with the PWS 5.2.1.2, Labeling.
FOB: Destination
4005 1 Job On-Call Repairs
T&M ORDERING PERIOD 5. The contractor shall perform non-personal on-call repair services in accordance with the PWS. Payment will be at the fixed price labor rates specified in Attachment 1_Price Book of this contract.
FOB: Destination
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 16-SEP-2024 TO
31-MAR-2025
N/A W6E9 USAG WIESBADEN
SEBASTIAN FUCHS, USAG WIESBADEN
01057 DILTZ PLACE
09005-9623 UNIT 29623, BOX 30, APO AE
GERMANY
FOB: Destination
W582RS
0002 POP 16-SEP-2024 TO
31-MAR-2025
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 16-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 16-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 16-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-APR-2025 TO
31-MAR-2026
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-APR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-APR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 01-APR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 01-APR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-APR-2026 TO
31-MAR-2027
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-APR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-APR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-APR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 01-APR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-APR-2027 TO
31-MAR-2028
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-APR-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 01-APR-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 01-APR-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 01-APR-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-APR-2028 TO
31-MAR-2029
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-APR-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 01-APR-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 01-APR-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
4005 POP 01-APR-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.204-7 System for Award Management OCT 2018 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 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
NOV 2021
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
SEP 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-- Commercial Acquisition
NOV 2021
52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.
OCT 2020
52.225-14 Inconsistency Between English Version And Translation Of Contract
FEB 2000
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.232-18 Availability Of Funds APR 1984 52.237-1 Site Visit APR 1984 52.237-3 Continuity Of Services JAN 1991 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.252-2 Clauses Incorporated By Reference FEB 1998 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 DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer DEC 2022 252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors
JAN 2023
252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
JAN 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7005 Management and Reporting of Government Property JAN 2024 252.246-7008 Sources of Electronic Parts JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2)…
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