W91QEX-23-Q-0010.pdf

SEE ADDENDUM

(No Collect Calls)

W91QEX23Q0010 21-Feb-2023

b. TELEPHONE NUMBER

305-437-1993

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 27 Feb 2023

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.

W91QEX9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JAMES, TONYA J. (RCO MIAMI)

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

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

410TH CSB - RCO MIAMI

9301 NW 33RD ST

DORAL FL 33172

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$35,000,000

NAICS:

721110

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF40

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.

W91QEX23Q0010

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 104 Each Lodging - Contract

FFP

The contractor shall provide Lodging for Foreign National Participants identified under the contract in a rooming list provided by the WPSW Conference GR and in accordance with Performance Work Statement (PWS) section 4.1, March 7-10 2023.

Any other rooms, and services are the responsibility of participants arranging them and the Government will not be held liable.

FOB: Destination

PSC CD: V231

NET AMT

0002 64 Each Lodging - Self-Pay

FFP

The contractor shall provide Self-Pay Lodging for USG Staff in accordance to the Performance Work Statement (PWS) section 4.1, March 7-10, 2023.

Please note self pay lodging will be paid by the individual occupying the room. The Government asks the vendor to still provide Unit Price/Rate for each room night. QTY 44 room nights. Nightly Rate: $_________

0003 1 Job Parking

FFP

The contractor shall provide ten (10) reserved parking spaces for local conference participants and coordinators for WPSW GR in accordance with the Performance Work Statement, section 3.0 for further details.

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 07-MAR-2023 TO

10-MAR-2023

N/A J8

LEVI B. ALEXIS

9301 NW 33RD STREET

DORAL FL 33172

305-437-2187

W91LMH

0002 POP 07-MAR-2023 TO

10-MAR-2023

N/A N/A

0003 POP 07-MAR-2023 TO

11-MAR-2023

N/A N/A

PERFORMANCE WORK STATEMENT

GENERAL. USSOUTHCOM, USG Interagency, and Partner Nations across the Americas will meet for a workshop aims to promote an inclusive approach to the participation and leadership of Women in Peace and Security in the Western Hemisphere. The event will enhance participant’s knowledge of gender considerations, in defense and security topics, enhance professionalism, strengthen partner relations, and building the team. Date of the event is 08-10 March 2023, Fort McNair, District of Columbia.

1.1 SCOPE. The Hotel shall provide lodging, parking, and incidental services to USSOUTHCOM, also referred to herein as “the Government”, in support of the Americas Women, Peace and Security Workshop Conference as defined in this PWS, except for those items specified as government furnished property and services. Attendees will begin to arrive on the 7th of March 2023, attend the days of the conference on the 8th through the 10th of March 2023 and then depart on the 10th and 11th of March 2023. The meeting consists of approximately Forty-Two (42) participants, including Partner Nations, Foreign National, locals (USSOUTHCOM personnel) and USG interagency.

1.2 TIME-LINE: Event dates 8 March through 10 March 2023.

07 March 2023: Event participants arrive (42 pax).

08 March 2023: Conference, first day events.

09 March 2023: Conference and Workshop continue, second day events.

10 March 2023: Conference and Workshop conclude/ Some participants departs.

11 March 2023: Remaining event participants depart.

1.3 PLACE OF PERFORMANCE: Fort McNair, District of Columbia (Hotel TBD)

2.0 HOTEL REQUIREMENTS.

2.1 HOTEL LOCATION. The Hotel shall be located in a safe secure location which shall pass a Department of Defense (DoD) security assessment. Due to the stature, security concerns, high traffic in the area, and the conference being held at the Inter American Defense College, the hotel shall be within ten (10) miles of the College located at 210 B Street, Washington, DC 20319 in order to transport participants securely to and from the aforementioned Hotel.

2.2 HOTEL SECURITY. The hotel shall provide the Government’s Representative (GR) an orientation and meeting with the hotel security manager, and a direct contact on the hotel staff for resolving security issues. The Hotel must have a modern professional system of internal and external security to include cameras strategically located to monitor the interior and exterior of the Hotel. The Hotel shall heighten security posture starting the morning before the event and continuing until the evening of the day after the event. If external security augmentation is exercised, the Hotel security manager shall ensure complete and unlimited access and seamless coordination between the Hotel’s organic security systems and the external augmentation units. The Hotel shall not have any ongoing construction onsite or around the vicinity of the Hotel, to include major renovation which includes closing entire floors, changing out multiple elevators, replacing flooring at multiple locations throughout the Hotel and renovation that is disruptive due to extreme noise levels.

2.3 HOTEL REPRESENTATIVE. The Hotel shall provide a representative to act as a liaison with the Government Representative (GR). The Hotel representative shall be of sufficient authority to resolve issues involving lodging/meals and payment as they arise and shall be available during the period of contract performance (7-11 March 2023). The Hotel shall provide a list of on-call Hotel points of contact that have the authority to resolve issues affecting their specific areas of support.

2.4 HOTEL SERVICE BREAKDOWNS. The Hotel shall ensure that any maintenance or repairs of Hotel equipment, to include guest rooms, conference rooms, administrative room, break out rooms, elevators, kitchen equipment, audio visual access, etc., shall be performed immediately at the Hotel’s expense without further cost to the Government to ensure the success of the conference and the meals served therein. In the event of power failure(s), the Hotel shall provide back-up power sources. All equipment shall be repaired within one (1) hour or replaced within two (2) hours of reported malfunction.

2.4.1 Hotel shall have ten (10) complimentary parking slots available with in-and-out privileges for local participants. Hotel shall have taxi service readily available during the hours of 0700-1800 during the days of the Period of Performance.

2.4.2 Provide single occupancy rooms for select conference participants. Check-in will start on 07 March 2023 for all conference participants. All participants will check-out no later than 11 March 2023.

2.4.3 The Hotel shall provide an admin table/ area for conference registration for first day and final conference day, 08nd and 10th March 2023 (Respectively). To be included with the table are three (3) chairs and an extension cord with multiple outlets in order to connect laptops.

2.4.4 Hotel shall have a full-service restaurant, which is open throughout the day and that serves breakfast, lunch and dinner in a setting appropriate for participants attending the conference. The hotel restaurant shall also be available to provide room service to Hotel participants lodging at the hotel. Room service will be at the cost of the participant, as stated in Paragraph 2.5.

2.5 HOTEL ITEMS/AMENITIES EXCLUDED FROM THE CONTRACT. The

Government will not pay for movies, mini-bars, laundry, room service, telephone calls from or charged to guest rooms, or any other Hotel charges other than those specifically provided for in this contract.

2.5.1 Lodging, movies, mini-bars, service charges, etc. shall be itemized separately on service bills. Hotel guests shall be responsible for all legitimate charges appearing on their lodging statements, with the exception of the contracted lodging and meals.

2.5.2 The Hotel’s staff shall inform guests during check-in which services shall not be covered by the Government. The Hotel’s staff shall request a credit card from guests upon check-in. Charges not covered by the contract are to be resolved between the guests and the Hotel.

2.6 HOTEL ITEMS/AMENITIES INCLUDED IN CONTRACT. All regular hotel guest facilities and amenities shall be made available for guests free of charge as long as they are registered in the hotel. Amenities include the fitness center, business center and internet in the guests’ rooms and conference area. The Hotel business center shall be available to USSOUTHCOM Conference Support Team members, and offer internet connectivity, photocopy, and fax documents at no additional cost.

2.6.1 The Hotel shall provide continuous and dedicated wireless internet services throughout the hotel, and guest rooms. If the internet service is protected wireless, the login credentials shall be given to conference staff. Internet shall have the minimum bandwidth capacity to support wireless laptop connectivity without interruptions on a private wireless network for up to one eighty-five (85) participants. Average bandwidth speeds to support required work should be at least twenty (20) Mbps for downloads and 10 Mbps for uploads. Usage time will begin at 0600 hours (6:00 am) on 07 March 2023 and will conclude at 1400 (2:00 pm) on 11 March 2023.

3.0 PARKING REQUIREMENTS/TAXI ACCESS.

3.1 PARKING REQUIREMENTS. The contractor shall provide ten (10) reserved parking spaces from 7 March to 11 March 2023. Parking shall be in a secure area with adequate lighting and security. Contractor’s staff shall be aware that there are reserved conference parking spaces.

3.2 Taxi Service (Self-Paid). The Government requires readily responsive, 24-hour, taxi service access at the hotel, to be used and paid by the conference participants and staff. The Government will not pay for these taxi services.

4.0 LODGING. The contractor shall allow guests an early check-in time (if available) on arrival day and late check-out on departure date at no extra cost. Conference participants wishing to extend their stay in the hotel must check out within the designated checkout time on the specified end date. These guests are fully responsible for any incurred expenses during their extended stay.

4.1 ROOMS REQUIRED. The Hotel shall provide single occupancy rooms as denoted in the table below. The below is an estimate. Any other rooms, and services are the responsibility of participants arranging them and the Government will not be held liable. The Government may request additional rooms at any time, and the Hotel shall give the Government priority on all unoccupied lodging of similar quality. The Government requires rooms to be paid under this contract.

Contracted

March 2023 7th 8th 9th 10th 11th Regular Rooms 26 26 26 26 0

Total room night reservations (estimate): 104

Self-Pay (USG Staff) March 2023 7th 8th 9th 10th 11th Regular Rooms 16 16 16 16 0

Total room night reservations (estimate): 64 Room payment via individual GTCC.

4.2 SELF-PAY PARTICIPANTS: Contractor shall provide a website, phone number, virtual link or code that Self-Pay participants may utilize to make their reservations and payments directly to the Hotel. The Government will not be responsible for Self-Pay participants. The quantities provided are based on estimates and are subject to change at any time.

4.3. ROOM INFORMATION. The Government will only pay for rooms used (under contract). It is possible that due to unforeseen circumstances a few participants will change their itineraries or cancel their attendance. Therefore, the Government reserves the right to change or cancel lodging/ self-pay/ room block requirements to include the person designated for any room, up to 24 hours prior to occupancy without penalty.

4.4 QUALITY STANDARD FOR ROOMS. All rooms shall include high standards of hygiene, private bath with full toilet and shower facilities, hot and cold running water, and clean linens daily, electricity, and color television with cable, internet service, and appropriate furniture. All regular hotel guest facilities and amenities, to include the hotel business center and the exercise facilities, shall be made available for conference attendees free of charge, if they are registered in the hotel. If customary and available, the contractor shall provide two (2) bottles of water per day (8 to 10 ounces), and internet/Wi-Fi service in each contracted room at no extra cost to the Government. Hotel shall follow established COVID-19 mitigation measures and all rooms shall be thoroughly disinfected and sealed before checking-in.

4.5 ROOM LIST. The GR will furnish the Hotel a room roster with participants’ names by 1 March 2023, for all rooms but may change the names for the rooms up to the day of occupation.

5.0 ALCOHOL POLICY. The Government will not pay for alcoholic beverages during any meal or any other time during this event. If any participant covered by the contract is having lunch or dinner and requests an alcoholic beverage, the restaurant invoice must separate the charge for alcoholic beverage and food. All meal receipts associated with this conference shall be submitted daily to the GR for verification and accountability. Direct specification of these meals will be discussed with the hotel and the GR. If an alcoholic beverage is served, the hotel will give the conference participant a separate receipt for that alcoholic purchase and annotate the participant’s room number. The hotel will only issue “food” receipts to the Government.

5.1 ADDITIONAL REQUIREMENTS.

5.2 MAINTENANCE. The Hotel shall ensure that all equipment and services are in proper working order throughout the contract period. All scheduled maintenance shall be performed prior to the start of this contract. Any unscheduled maintenance or breakdowns shall be corrected within two (2) hours, or they shall be substituted.

5.3 GOVERNMENT REPRESENTATIVE (GR). The Government Representative (GR)) will coordinate administrative, logistical and miscellaneous issues with the Hotel. This representative shall not make any changes to the terms, conditions, standards, or cost of the contract. This individual has authority to provide technical direction to the Hotel as long as the direction is within the scope of the contract, does not constitute a change, and has no funding implications.

5.4 ROOM RATES. Room rates plus any mandatory Hotel fees such as gratuities / Hotel service fees / resort fees / cannot exceed effective government per diem rates ($258.00) for the period of the conference. (https://www.defensetravel.dod.mil). The government per diem rates shall be extended to all participants to include those who are self-pay/room blocks.

5.5 APPLICABILITY. Tax exemption applies to self-pay as well as contract funded attendees, therefore, taxes shall be removed from bill once forms have been submitted to Hotel by the GR.

5.6 INVOICES. All invoices submitted for payment shall be submitted in English and shall be billed in US Dollars. Invoice must have all required information as described by the Contracting Officer

5.7 PAYMENT INFORMATION. The Contractor acknowledges that payment for services listen herein shall be paid for by Invoices must have all required information as described by the Contracting Officer and will be paid by Mastercard credit card at the conclusion of the services.

6.0 ADDITIONAL INFORMATION.

6.1 CANCELLATIONS/ ADDITIONS. The Government may change the requirement with a 24-hour notice with no penalty. The Government will only pay for actual services received.

6.2 CHANGES TO CONTRACT. The only person authorized to make changes to the contract is the Contracting Officer (not the Designated Government Point of Contact (GR)). Failure to clear changes in contract with the Contracting Officer will result in the Hotel not receiving compensation for costs incurred. Accordingly, the Contracting Officer will be notified prior to any additional services performances and a contract modification should be issued to the Hotel (changes in cost to the Government). The Hotel shall only take change orders from the Contracting Officer. Purchases or changes from unauthorized persons may result in the Hotel not receiving payment for costs incurred.

6.2.1 It is emphasized that only a Contracting Officer has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the Hotel and any other person be effective or binding on the Government. When/if, in the opinion of the Hotel, an effort outside the existing scope of the contract is requested, the Hotel shall promptly notify the Contracting Officer in writing. No action shall be taken by the Hotel under such direction unless the Contracting Officer has issued a contractual change or otherwise resolved the issue.

6.3 The Hotel shall not cite conference names, conference locations, pictures or any other Government information on any website to include their company website.

NOTE: Offerors are required to be registered with the SAM database to receive a government contract award. Offerors may register with SAM at http://www.sam.gov/.

In addition offeror must have a DUNS and either CAGE or NCAGE code.

NOTE: Offers will not be accepted from third party agencies. Offers will be accepted directly from Lodging Facility providers only. In accordance with the PWS requirements, the successful offeror shall provide a point of contact of sufficient authority to authorize changes. In order for this and other PWS requirements to be met, the Government must maintain privacy of contract directly with lodging facility providers. Offers from third parties shall be considered non-responsive and will be excluded from consideration for award.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

DEC 2022

52.232-23 Assignment Of Claims MAY 2014 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

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

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

Covered telecommunications equipment or services means--

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

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

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

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

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

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

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

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

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

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

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

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

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

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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

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

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

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

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

(d) Reporting requirement.

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

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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

(End of clause)

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

2020)

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

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

(c) Representations.

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

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

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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:

The quotes will be evaluated based on Lowest Priced, Technically Acceptable on requirements defined in this solicitaiton.

(b) Options. (N/A)

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

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

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

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

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

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

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

"Small business concern"--

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

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

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

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

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

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

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

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or…