W912JD22Q0002 - Medical Laboratory Testing Service.docx

W912JD22Q0002

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTONS TO QUOTER'S

INSTRUCTIONS TO QUOTER’S – Addendum to 52.212-1

W912JD-22-Q-0002 - QUOTE SUBMISSION

INTRODUCTION

1. Contract Type: The contract will be firm-fixed price purchase order. This requirement will be competed and awarded under Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items and Part 13, Simplified Acquisition Procedures. This solicitation is UNRESTRICTED acquisition utilizing NAICS code 621511, Medical Laboratories with a size standard of $35,000,000.

1. SAM Registration: Quoters must be registered in the System for Award Management (SAM). No contract will be entered into with an unregistered vendor. Internet access allows you to register by completing an electronic on-line registration application at https://www.sam.gov/portal/public/SAM/ On-line Representations and Certifications (ORCA) may also be filled out at this website.

1. Wage Determination: Offeror shall use the following attached Wage Determinations for the location identified in the PWS.

4. Amendments: Amendments to this solicitation will be posted at https://sam.gov/content/opportunities Paper copies of the amendments will NOT be individually mailed. By registering to receive notifications on Contracting Opportunities, quoters will be notified by email of any new amendments that have been issued. Potential Quoter’s are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your offer being considered unacceptable.

5. Basis for Award: The Government intends to award a single purchase order to the responsible Offeror whose quote represents the best value to the Government, with appropriate consideration given to the three (3) evaluation factors. Technical, Past Performance and Price. Commercial and Simplified Acquisition Procedures will be utilized to the max extent in a streamlined evaluation IAW FAR 12.602 & FAR 13.106-2. The Price factor will not be evaluated, Past Performance and Technical consideration, when combined; are equal to Price. Award may be made without discussion with offerors. Offerors are cautioned that the award may not necessarily be made to the lowest priced proposal.

5.1. Evaluation will be solely on the information included in the quotation. Therefore, the Offerors initial quotation should contain the Offerors best terms. After receipt of quotations, the Government will conduct an evaluation. However, during the evaluation process, the Government may, solely at its discretion, communicate with Offerors regarding quote elements.

6. Quote Preparation Instructions: Quotes shall be based on the requirements of the solicitation, and must contain the following. All information shall be confined to the appropriate file. The quoter’s shall confine submissions to essential matters, sufficient to define the quote in a concise manner, to permit a complete and accurate evaluation of each quote. Each file of the quote shall consist of a Table of Contents. Proprietary information shall be clearly marked.

The following evaluation factors will be set forth in the solicitation.

FACTOR 1 – Technical Capability: Technical Capability will be evaluated on an Acceptable/Unacceptable basis. The quote must consist of written documentation to provide sufficient narrative and supporting data to address how the quote meets the minimum qualifications/requirements to include the pick-up and delivery to all locations identified in the Performance Work Statement.

(1) SUB-FACTOR 1 - Contractor shall be licensed by the State of Maine to provide the specific services required with a minimum of three (3) years of clinical laboratory experience.

FACTOR II – Past Performance: Submission with the quote of references of similar work that can be verified by the Contract Specialist prior to award. A minimum of two references are required. No more than four references shall be submitted. Any quoter unable to provide the minimum number will be determined non-responsive and eliminated from consideration.

Customer (Company) Name;

Email Address;

Type of Contract and dollar value;

General description of the project including aspects deemed relevant to this effort; (similar in scope, size and complexity of this requirements in the PWS, and whether the work was performed as a prime or subcontractor.

The Government reserves the right to obtain past performance data from other sources than those identified by the Quoter’s in evaluating past performance. This includes, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and other designated Technical Representatives. Quoter’s are reminded that both independent data and data provided by the Quoters in their quote may be used by the Government to evaluate past performance. The Contracting Officer may also evaluate past performance based on direct knowledge of the Contractor’s performance on current or recent contracts.

FACTOR III – Price: Schedule Pricing for Requirement. The quoter shall include a completed Exhibit B, Price Matrix in Part III. All travel costs are the sole responsibility of the contractor. The offeror shall not re-format or remove cells from Exhibit B. Submission of the pricing data shall be complete and accurate. All pre-loaded formulas shall remain intact. Errors created due to the offeror changing pre-loaded formulas will not be corrected by the government and may render the offeror’s proposal ineligible for award. The offeror may submit with their price proposal written pricing rational in Microsoft Word format. Failure to submit prices for all optional years for Medical Laboratory Testing Service shall render an offer ineligible for award. In the event that only one quote is received, other than certified cost or pricing data may be requested.

7. Submission of Quotes:

PART - TITLE - COPIES OF PAGES LIMITATIONS

Cover Letter

Factor III - Price-Information – SF 1449 & Exhibit B) (Request for Quote. (SF 1449) Solicitation, Offer and Award Documents, Signed Attachment 4 – Completed Clauses FAR Clause 52.204-24 – Representation & 52.204-26 – Covered Telecommunications Equipment or Service- Representation

7.1 Completed copy of the Representations and Certifications at FAR 52.212-3 The quote shall complete only paragraphs (b) of this provision if the quoter has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the quoter has not completed the annual representations electronically, the quoter shall complete only paragraphs (c) through (u)) of this provision.

*NOTE: Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government.

8. Quote File. Minimum type size shall be 12 point Time New Roman standard font with single spacing Typesetting, font compression, or other techniques to reduce character size or spacing are not permitted and are considered a deliberate attempt to circumvent the page limitations. Prohibited techniques include setting the paragraph line spacing, a feature of MS Word, “exactly at 12 point.”

9. Cover letter: Provide an induction page to include Cage Code, DUNS Number, and Tax Identification Number (TIN). Also include your business socioeconomic status, e.g. small business, women-owned, HUBZone, etc.

9.1. The cover letter submitting shall be signed by an officer of the quoter’s company authorized to commit the company; shall indicate that the quote is valid for 60 calendar days; shall identify by name, title, phone number and email any person authorized to negotiate on the quoter’s behalf and should express the extent to the quoter’s commitment to achieve the objectives of the solicitation and comply with the terms and conditions of the contract. Any significant deviations to the contract should be indicated, including one’s reasons.

9.2. FACTOR I – Technical Capability: Technical Capability will be evaluated on an Acceptable/Unacceptable basis. The quote must consist of written documentation to provide sufficient narrative and supporting data to address how the quote meets the minimum qualifications/requirements to include the pick-up and delivery to all locations identified in the Performance Work Statement.

9.3. SUB-FACTOR 1 - Contractor shall be licensed by the State of Maine to provide the specific services required with a minimum of three (3) years of clinical laboratory experience.

9.4. An offeror shall obtain an “Acceptable” rating to continue further in the competition. Offerors who are deemed to merit an “Unacceptable” rating in the Technical Capability Factor will be removed from further consideration for award. Once the minimum requirements are established, the team shall evaluate the offeror’s proposal against these requirements to determine whether the quote is acceptable or unacceptable, using the ratings and descriptions outline in the table below. Quotes are evaluated for acceptability, but not ranked using the non-price factors. In order to be considered awardable, there must be an “acceptable” rating in every non-price factor.

9.5 FACTOR II – Past Performance: Submission with the quote of references of similar work that can be verified by the Contract Specialist prior to award. A minimum of two references are required. No more than four references shall be submitted. Any quoter unable to provide the minimum number will be determined non-responsive and eliminated from consideration.

Customer (Company) Name;

Email Address;

Type of Contract and dollar value;

General description of the project including aspects deemed relevant to this effort; (similar in scope, size and complexity of this requirements in the PWS, and whether the work was performed as a prime or subcontractor.

9.6. The Government reserves the right to obtain past performance data from other sources than those identified by the Quoter’s in evaluating past performance. This includes, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and other designated Technical Representatives. Quoter’s are reminded that both independent data and data provided by the Quoters in their quote may be used by the Government to evaluate past performance. The Contracting Officer may also evaluate past performance based on direct knowledge of the Contractor’s performance on current or recent contracts.

9.7. Factor III - Price: Executed Request for Quote: Requires the Quoter to complete blocks 17a (Block shall include CAGE code), 30a, 30b and 30c on the SF 1449. Insert proposed unit and extended prices in all Contract Line Item Numbers (CLINs). All prices shall be represented in two decimal positions only. Example: $0.27, not $0.27458. The Government shall evaluate price to determine whether or not it is considered fair and reasonable IAW FAR 13.106-3.

9.8. Exhibit B: The quoter shall include a completed Exhibit B, Price Matrix in Part III. All travel costs are the sole responsibility of the contractor. The offeror shall not re-format or remove cells from Exhibit B. Submission of the pricing data shall be complete and accurate. All pre-loaded formulas shall remain intact. Errors created due to the offeror changing pre-loaded formulas will not be corrected by the government and may render the offeror’s proposal ineligible for award. The offeror may submit with their price proposal written pricing rational in Microsoft Word format. Failure to submit prices for all optional years for Medical Laboratory Testing Service shall render an offer ineligible for award. In the event that only one quote is received, other than certified cost or pricing data may be requested.

9.9. Price: Price is not rated. Price and/or cost analysis will be used to evaluate a quoter’s price and the extent to which it is fair and reasonable.

10. Solicitation Questions: Questions of a technical nature shall be submitted to the Contract Specialist in writing via e-mail. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is Wednesday, January 12h by 3:00 PM EST. Questions received after this date and time may not be answered. Questions will be answered in a formal amendment to the solicitation so all interested parties can see the answers.

11. Solicitation Deadlines: Quote packages shall be submitted electronically to darlene.r.howes.civ@army.mil. The email subject line must contain the following: “Quote in Response to W912JD-22-Q-0002 – Medical Laboratory Testing Service. Quotes will not be accepted by any other means. Late quotes will not be considered. Quoter’s will receive an email confirmation that their quote was received within two (2) business days.

11.1. Quoter’s bear the burden of ensuring that their quote, and any applicable amendments, are emailed on time. All pages of the quote must be emailed before the deadline specified in this solicitation. Failure to provide any of the required information or the providing of inadequate or unclear information may result in the offer being considered unacceptable.

11.2. All information relating to this RFQ, including changes/amendments and information prior to the date set for receipt of quotes will be posted on the https://sam.gov/content/opportunities

12. Electronic Invoicing through Procurement Integrated Enterprise Environment (PIEE).

12.1 Invoicing Procedures: An itemized invoice shall be submitted at least monthly for all services provided during a billing period for which payment has not been received. Each invoice shall include only the services that have been completed and delivered that have been accepted as of the date of the invoice submission and that have not been billed in a prior invoice. The COR will review the detailed invoice and either approve for payment or advise the vendor of the inaccuracies found.

12.2 To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, all Contractors must submit requests for payment (invoices) through PIEE. Additional information and registration for PIEE can be completed online at https://wawf.eb.mil/piee-landing/. Payment will be made by DFAS office designated in the contract. All payments will be made by electronic transfer of funds (EFT). The Government will make payment through PIEE upon satisfactory completion of work and the receipt of a proper certification for payment.

--End of FAR 52.212-1 Addendum --

FAR 52.212-2 - ADDENDUM

EVALUATION FOR AWARD

The award will be made based on the best value to the Government considering Technical Capability, Past Performance and Price IAW FAR 13. To be considered for an award, the quoter must receive no less than an “Acceptable” rating for Technical Capability and a rating of no less than Acceptable for Past Performance.

Except communication conduct for the purpose of minor clarifications, the Government intends to evaluate quotes and issue a firm fixed price purchase order without discussions. Therefore, each initial quote should contain quoter’s best terms from a technical and pricing standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the Contracting Officer to be necessary.

The EVALUATION FACTORS: The following factors shall be used to evaluate quotations:

Factor 1. Technical Capability Factor 2. Past Performance Factor 3. Price

To arrive at a Best Value decision, the Contracting Officer will integrate the evaluation of Technical, Past Performance and Price as set out in the solicitation.

The overall evaluation approach for all factors is to determine the acceptability of the response. The proposal will be evaluated to determine whether each requirement has been addressed in order to meet the acceptability standards described in the RFQ.

FACTOR 1 – Technical Capability: Technical Capability will be evaluated on an Acceptable/Unacceptable basis. The quote must consist of written documentation to provide sufficient narrative and supporting data to address how the quote meets the minimum qualifications/requirements to include the pick-up and delivery to all locations identified in the Performance Work Statement.

SUB-FACTOR 1 - Contractor shall be licensed by the State of Maine to provide the specific services required with a minimum of three (3) years of clinical laboratory experience.

An offeror shall obtain an “Acceptable” rating to continue further in the competition. Offerors who are deemed to merit an “Unacceptable” rating in the Technical Capability Factor will be removed from further consideration for award. Once the minimum requirements are established, the team shall evaluate the offeror’s proposal against these requirements to determine whether the quote is acceptable or unacceptable, using the ratings and descriptions outline in the table below. Quotes are evaluated for acceptability, but not ranked using the non-price factors. In order to be considered awardable, there must be an “acceptable” rating in every non-price factor.

FACTOR II – Past Performance: Submission with the quote of references of similar work that can be verified by the Contract Specialist prior to award. A minimum of two references are required. No more than four references shall be submitted. Any quoter unable to provide the minimum number will be determined non-responsive and eliminated from consideration.

Customer (Company) Name;

Email Address;

Type of Contract and dollar value;

General description of the project including aspects deemed relevant to this effort; (similar in scope, size and complexity of this requirements in the PWS, and whether the work was performed as a prime or subcontractor.

The Government reserves the right to obtain past performance data from other sources than those identified by the Quoter’s in evaluating past performance. This includes, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and other designated Technical Representatives. Quoter’s are reminded that both independent data and data provided by the Quoters in their quote may be used by the Government to evaluate past performance. The Contracting Officer may also evaluate past performance based on direct knowledge of the Contractor’s performance on current or recent contracts.

Factor III - Price: Executed Request for Quote: Requires the Quoter to complete blocks 17a (Block shall include CAGE code), 30a, 30b and 30c on the SF 1449. Insert proposed unit and extended prices in all Contract Line Item Numbers (CLINs). All prices shall be represented in two decimal positions only. Example: $0.27, not $0.27458. The Government shall evaluate price to determine whether or not it is considered fair and reasonable IAW FAR 13.106-3.

Schedule Pricing for Requirement. The quoter shall include a completed Exhibit B, Price Matrix in Part III. All travel costs are the sole responsibility of the contractor. The offeror shall not re-format or remove cells from Exhibit B. Submission of the pricing data shall be complete and accurate. All pre-loaded formulas shall remain intact. Errors created due to the offeror changing pre-loaded formulas will not be corrected by the government and may render the offeror’s proposal ineligible for award. The offeror may submit with their price proposal written pricing rational in Microsoft Word format. Failure to submit prices for all optional years for Medical Laboratory Testing Service shall render an offer ineligible for award. In the event that only one quote is received, other than certified cost or pricing data may be requested.

Price: Price is not rated. Price and/or cost analysis will be used to evaluate a quoter’s price and the extent to which it is fair and reasonable.

Note: To receive consideration for award, a rating of “Acceptable” must be achieved for all technical requirements.

(End of Addendum to FAR 52.212-2)

Section SF 1449 - CONTINUATION SHEET

Medical Laboratory Testing Services

FFP

Non-Personal Medical Laboratory Testing Services:

The contractor must provide all qualified personnel supervision, and transportation to execute the contract requirements and material to conduct collection, handling and analysis of medical laboratory specimens in compliance with OSHA, HIPPA, ADA and Privacy Act.

Contractor is to perform medical laboratory testing services in accordance with the terms and conditions established in the Performance Work Statement (PWS). All labs ordered are to be priced in accordance with the pre-established price list.

U.S. Department of Labor, Wage Determination(s) applies to this service being performed under this contract.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011726963

PSC CD: Q301

$25,000.00

NET AMT

FFP

Non-Personal Medical Laboratory Testing Services:

The contractor must provide all qualified personnel supervision, and transportation to execute the contract requirements and material to conduct collection, handling and analysis of medical laboratory specimens in compliance with OSHA, HIPPA, ADA and Privacy Act.

Contractor is to perform medical laboratory testing services in accordance with the terms and conditions established in the Performance Work Statement (PWS). All labs ordered are to be priced in accordance with the pre-established price list.

U.S. Department of Labor, Wage Determination(s) applies to this service being performed under this contract.

FOB: Destination

$32,000.00

NET AMT

FFP

Non-Personal Medical Laboratory Testing Services:

The contractor must provide all qualified personnel supervision, and transportation to execute the contract requirements and material to conduct collection, handling and analysis of medical laboratory specimens in compliance with OSHA, HIPPA, ADA and Privacy Act.

Contractor is to perform medical laboratory testing services in accordance with the terms and conditions established in the Performance Work Statement (PWS). All labs ordered are to be priced in accordance with the pre-established price list.

U.S. Department of Labor, Wage Determination(s) applies to this service being performed under this contract.

$34,000.00

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

01-MAR-2023

W8A4 MEARNG ELEMENT, JF HQ

CONTRACT BLDG 14 CAMP KEYES

194 WINTHROP STREET

AUGUSTA ME 04333-0032

207-430-5603

W91D12

01-MAR-2024

W91D12

01-MAR-2025

W91D12

CLAUSES INCORPORATED BY REFERENCE

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)

52.204-26 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.

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical capability, past performance and price IAW FAR Part 13.

Technical and past performance, when combined, are less important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2021)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

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

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

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

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

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)).

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

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

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

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

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

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

____ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

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

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

____ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

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

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

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

____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

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

__X_ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

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

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

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

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

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

__X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

__X_ (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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

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

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

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

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

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

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

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

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__X_ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

__X__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_X__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

_X__ (8) 52.222-62, Paid…