W91QV1-21-R-0026 Police and Security Guard Solicitation.pdf

PDF 1 MB Posted May 27, 2022

Attached to: Police and Security Guard Uniforms BPA
Solicitation number: W91QV121R0026
Issued by: Department of the Army Materiel Command Mission and Installation Contracting Command Fort Sam Houston

View the file

Other files

File	Type	Posted
Police and Guard Uniforms Pricing Lists A and B.xlsx	XLSX spreadsheet	May 27, 2022

On GovTribe

Work with this file

Download the original file
Contacts named in this file
Similar government files
Ask GovTribe AI about this file

Try for free Login

Text version

The file's text, extracted by GovTribe without its formatting.

SEE ADDENDUM

(No Collect Calls)

W91QV121R0026 27-May-2022

b. TELEPHONE NUMBER

703-806-1083

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 27 Jun 2022

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.

W91QV19. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PAMELA . R. BEHARRIE

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

0011439658-0003

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 OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MICC-FORT BELVOIR

9410 JACKSON LOOP, SUITE 101

BLDG. 1425

FORT BELVOIR VA 22060-5116

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 W56F7L 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W0UC POLICE AND PM DIV

101 BLOXON STREET BLDG 205 DOOR 13

FORT MYER VA 22211-1199

TEL: 210-466-0447 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

315220

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 OF60

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.

W91QV121R0026

Section SF 1449 - CONTINUATION SHEET

INSTRUCTION TO OFFERORS

Addendum to FAR 52.212-1 Additional INSTRUCTIONS TO OFFEROR This requirement is 100% set-aside for Small Business The award will be a Firm-Fixed Price (FFP), Blanket Purchase Agreement (BPA) contract.

A single award (Agreement) will be issued from solicitation W91QV1-21-R-0026.

A.Questions shall be sent to Pamela R. Beharrie pamela.r.beharrie.civ@army.mil and Francesca D. Edwards, francesca.d.edwards.civ@army.mil no later than 13 June 2022 @ 11:00 AM.

B. Proposals shall be sent to Pamela R. Beharrie pamela.r.beharrie.civ@mail.mil and Francesca.

D. Edwards, francesca.d.edwards.civ@army.mil no later than 27 June 2022 @ 10:00 AM.

C. Signed and completed SF 1449 cover page including Blocks 17a (including Telephone Number), 30a, 30b, and 30c.

D. The offeror shall submit a completed Contract Line Item Number (CLIN) schedule to include Unit Price per CLIN, the Amount per CLIN (which equals the quantity multiplied by the unit price), and the Total Price for the base year. Unit price shall include tailoring, sewing of patches, etc.

E. Completed FAR 52.212-3 Representations & Certifications or System for Award Management (SAM) Registration pursuant to FAR 52.204-7. The offeror shall be registered in SAM by the date and time of the proposal due date.

F. Acknowledgement of receipt of all amendments by signing, dating and submitting all amendments. Offerors not complying with the terms of the solicitation, or failing to submit a complete proposal may be found non-complaint with the solicitation.

G. Offerors shall provide manufacturer’s specification sheets for each of the products listed in Attachment List A and B. If the offeror proposes an “equal” product and the specification sheets do not clearly establish that the product meets the minimum, salient characteristics, then the offeror will provide a specific statement for each product that it meets all of the minimum, salient characteristics identified in Attachment List A and B.

H. Offerors shall provide breakdown of prices on the separately attached List A and B.

I. Offeror must comply with the Buy American Act for textile purchases. In accordance with (IAW) DFARS Clause 252.225-7012.

J. Complete the following FAR Clause FAR 52.225-2, Buy American Certificate and DFAR Clause 252.225-7000 Buy American – Balance of Payments Program Certificate-Basic listed below.

52.225-2 BUY AMERICAN CERTIFICATE (FEB 2021)

(a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(3) The terms "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American--Supplies."

(b) Foreign End Products:

Line item No. Country of origin

[List as necessary.]

(c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of provision)

252.225-7000 BUY AMERICAN--BALANCE OF PAYMENTS PROGRAM CERTIFICATE--

BASIC (NOV 2014)

(a) Definitions. Commercially available off-the-shelf (COTS) item, component, domestic end product, foreign end product, qualifying country, qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state, South Caucasus/Central and South Asian (SC/CASA) state end product, and United States, as used in this provision, have the meanings given in the Buy American and Balance of Payments Program--Basic clause of this solicitation.

(b) Evaluation. The Government--

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(1) For all line items subject to the Buy American and Balance of Payments Program-- Basic clause of this solicitation, the offeror certifies that--

(i) Each end product, except those listed in paragraph (c)(2) or (3) of this provision, is a domestic end product; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror certifies that the following end products are qualifying country end products:

___ (Line Item Number Country of Origin) ___ (Country of Origin)

(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of ``domestic end product'':

(Line Item Number) ___ (Country of Origin (If known)) ___

(End of provision)

BASIS FOR AWARD

“Award will be made to the lowest priced proposal that is technically acceptable. Technical acceptability is defined as a proposal that provides manufacturer’s specification sheets for each of the products listed in Attachment List A and B. If the offeror proposes an “equal” product and the specification sheets do not clearly establish that the product meets the minimum, salient characteristics, then the offeror will provide a specific statement for each product that it meets all of the minimum, salient characteristics identified in Attachment List A and B.

The total evaluated price will be the sum of all unit prices times estimated quantities with the Buy American Act preference calculations in accordance with FAR 25.105 and DFARS 225.105 252.225-7000; that is, if there is a domestic offer (of a particular item) that is not the low offer, and the restrictions of the Buy American statute apply to the low offer (by item), the contracting officer must determine the reasonableness of the cost of the domestic offer by adding to the price of the low offer, inclusive of duty-50 percent. Each item will be evaluated for reasonableness and the prices will be evaluated for balanced pricing.”

DESCRIPTION OF AGREEMENT

Description of Agreement Uniform Blanket Purchase Agreement

For Joint Base Myer-Henderson Hall, (JBM-HH)

Department of Emergency Services (DES) Fort Myer, VA

1. Objective:

Supply Law Enforcement and Security personnel with the uniforms required to perform their duties and training.

a. See Attached lists:

Attachment A – Police Initial Uniform Issue List – Separately Attached Attachment B – Security Initial Uniform Issue List – Separately Attached

2. Scope:

The government intends to acquire the items needed from the Required Items List to perform Law Enforcement and Security duties for the Joint Base Myer-Henderson Hall Community. We are governed under AR 190-56 and are required to wear uniforms to perform duties. Police and Security Officers receive an allowance each year to maintain their uniforms.

3. Specific Requirement:

3.1. Offeror shall provide a full service facility that operates six days a week, Monday through Saturday, and be open between the hours of 0800-1600.

3.2. Offeror shall provide “off the shelf” same day issue and alteration of law enforcement and security uniforms and uniform accessories when requested.

3.3. If uniform items require alteration, vendor shall provide the service while the customer waits at no charge at time of initial purchase.

3.4. All patches that are required to be on the uniforms shall be put on by the vendor at no additional charge. All items will be purchased through the vendor and the cost of the items shall include sewing them on the uniforms.

3.5. Contractor should carry a large number of items on the Items List in stock.

3.6. Special order items not carried in stock must be ordered and received within 14 calendar days. Shipping and Handling shall be handled by the contractor and shall be factored into the cost of items.

3.7. Facility needs to be within 15 miles of Joint Base Myer-Henderson Hall, Fort Myer, VA.

3.8. Individual officer issuance of uniform and uniform accessory items shall be strictly prohibited without prior authorization of David Tracy (Logistics Lieutenant). If the COR is not available, he will notify the contractor of who his representative will be during his absence.

3.9. The Required Items List may have items removed or added only during the annual renewal of the BPA. The style or item number on items by manufactures from time to time do change. If this happens, those will also be changed during this time.

3.10. Officers will come down with a list of items they wish to acquire. That list will only be accepted with the signature of the COR or the authorized representative. I will coordinate with the offeror when we will do an order for payment.

3.11. The Government prefer an online ordering system so that the individuals needing new uniforms and accessories can go on-line and order from the list of items identified. Government personnel must be able to select an item size, color and any patches that are needed to put on uniform items. For example: an individual selects a polyester shirt, there will be a drop done menu so they can choose the size and color, then add the patches to the left and right shoulders. If it is a TDU shirt, they will be able to select the patches for the shoulders, the name tape and the badge that are to be sewn onto the uniform. The system will need to have the ability to print out a report that can show the items and the quantity of that item that has been ordered on a monthly or yearly basis.

4. Hours of Operation:

Monday through Saturday, 0800-1600, vendor is not required to be open during Federal Holidays.

5. Period of Performance will be for a 60 month (5 year) ordering period effective on the date of award.

6. Delivery Location:

Individuals will be able to go to the vendor to pick up their items and the vendor will make deliveries to Joint Base Myer-Henderson Hall, Fort Myer, VA installation twice a month or once every two weeks. If there are only a couple items, vendor can call the COR to identify that and whether or not the delivery still needs to be completed or not. Item’s will be delivered to the COR or his identified representative at the location identified to the vendor upon award of contract.

7. Type of Action:

Blanket Purchase Agreement (BPA), Firm-Fixed Price.

8. Recognized Holidays:

Vendor is not required to be open during recognized Federal holidays.

9. Contractor Furnished Items and Responsibilities:

The contractor shall furnish all supplies needed to do any alterations needed to clothing. Price per item shall include tailoring, sewing patches, etc.

BPA TERMS AND CONDITIONS

BLANKET PURCAHSE AGREEMENT (BPA)

TERMS AND CONDITIONS

1. Pursuant to Blanket Purchase Agreement, the Supplier agrees to the following terms of a Blanket Purchase Agreement (BPA) with the Mission Installation Contracting Command (MICC), Ft. Belvoir, Virginia. per FAR 13.303-3 (1), the supplier shall furnish the services, as stated in this BPA, if and when requested by the Contracting Officer during a specified period in paragraph 7, and within a stipulated aggregate amount described in paragraph 4 and 5, if any.

2. Description of agreement. The contractor shall provide police and security guard uniforms as defined in the Description of Agreement and the items listed on Bid Schedules A&B separately attached.

3. Extent of obligation. The Government intends to periodically place calls for police and security guard uniforms against this BPA. While the level of effort for any given order may vary, all orders will be placed on a firm-fixed price basis, that price being the unit price set forth in the price schedule. Per FAR 13.303(2), the Government is obligated only to the extent of authorized purchases actually made under the BPA.

4. Purchase Limitations. Ordering Officers call shall not exceed $24,999.00; $25K and above shall be placed by Contract Specialist/Contracting Officer monthly.

5. BPA Total Dollar Limit. Shall not exceed to be determined at award for the period of this BPA. By mutual agreement of both contracting parties, the maximum value may be used early, which will have an effect of reducing the BPA period.

6. Only individuals identified as authorized Contracting Officers may place service orders against this Agreement and only to the extent of the dollar limitation indicated. Call orders will be placed by email, telephonically, or in person IAW their individual warrants per FAR Subpart 1.6.

7. BPA Expiration. This BPA is for sixty (60) months.

8. Most Favored Customer Prices. The prices in this BPA shall be at least as low as the prices under any other U.S.

Government BPA, Contract and/or Task Order. If, at any time, prices under any other U.S. Government contract vehicle become lower than the prices in this BPA, this BPA will be modified to include the lower price.

9. Invoice and Payment. Payment will be through Wide Area Workflow made upon completion of call order and after receipt of invoices. A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all calls made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets. The BPA holder shall submit invoices via email to the following address:www.WAWF.eb.mil.

10. Suspension. There may be occasions where the Government may suspend ordering (by line item up to and including the entire BPA). If a suspension is announced, the contractor shall adhere to this suspension by not accepting/processing calls for the suspended item(s).

11. Discontinuation. This BPA allows for discontinuing its future applicability upon 30-days written notice by either party.

12. Delivery Tickets. MICC-FB Contracting Officer and the successful offeror will keep a record (Book/Register) of for each call. All calls performed shall be accomplished by delivery tickets that contain the following minimum information:

(a) Name of Supplier:

(b) BPA Number:

(d) Date of Call

(e) Itemized list of supplies or services furnished;

13. Invoices: A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets;

14. Obligation of Funds. This BPA does not obligate any funds. The placement of call orders under FAR part 13 and agency regulations obligates funds.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Police Uniforms - DACP List A

FFP

Provide individual pricing on attached price list.

Police Uniforms - See separately attached List A

FOB: Destination

PURCHASE REQUEST NUMBER: 0011439658-0003

PSC CD: 8405

NET AMT

0002 1 Job Guard Uniforms – DASG List B

FFP

Provide individual pricing on attached price list.

Guard Uniforms – See separately attached List B

FOB: Destination

0003 1 Job Police Uniforms - DACP List A OP1

FFP

Provide individual pricing on attached price list.

Police Uniforms - See separately attached List A

FOB: Destination

0004 1 Job Guard Uniforms – DASG List B OP1

FFP

Provide individual pricing on attached price list.

Guard Uniforms – See separately attached List B

FOB: Destination

0005 1 Job Police Uniforms - DACP List A OP2

FFP

Provide individual pricing on attached price list.

Police Uniforms - See separately attached List A

FOB: Destination

0006 1 Job Guard Uniforms – DASG List B OP2

FFP

Provide individual pricing on attached price list.

Guard Uniforms – See separately attached List B

FOB: Destination

0007 1 Job Police Uniforms - DACP List A OP3

FFP

Provide individual pricing on attached price list.

Police Uniforms - See separately attached List A

FOB: Destination

0008 1 Job Guard Uniforms – DASG List B OP3

FFP

Provide individual pricing on attached price list.

Guard Uniforms – See separately attached List B

FOB: Destination

0009 1 Job Police Uniforms - DACP List A OP4

FFP

Provide individual pricing on attached price list.

Police Uniforms - See separately attached List A

FOB: Destination

0010 1 Job Guard Uniforms – DASG List B OP4

FFP

Provide individual pricing on attached price list.

Guard Uniforms – See separately attached List B

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government

0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 28-JUL-2022 TO

27-JUL-2023

N/A W0UC POLICE AND PM DIV

W0UC POLICE AND PM DIV

101 BLOXON STREET BLDG 205 DOOR 13

FORT MYER VA 22211-1199

210-466-0447 FOB: Destination

W56F7L

0002 POP 28-JUL-2022 TO

27-JUL-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 28-JUL-2023 TO

27-JUL-2024

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 28-JUL-2023 TO

27-JUL-2024

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 28-JUL-2024 TO

27-JUL-2025

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 28-JUL-2024 TO

27-JUL-2025

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 28-JUL-2025 TO

27-JUL-2026

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 28-JUL-2025 TO

27-JUL-2026

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 28-JUL-2026 TO

27-JUL-2027

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 28-JUL-2026 TO

27-JUL-2027

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures JUN 2020 52.204-7 System for Award Management OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.211-5 Material Requirements AUG 2000 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.216-24 Limitation Of Government Liability APR 1984 52.225-1 Buy American--Supplies JAN 2021 52.225-3 Buy American --Free Trade Agreements--Israeli Trade Act JAN 2021 52.232-1 Payments APR 1984 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items JUN 2020 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

(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--

(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);

(ii) For covered services--

(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.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

(a) Definitions. As used in this provision-

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.

(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.

(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.

(d) Representations. The Offeror represents that--

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

(e) Disclosures.

(i) For covered equipment--

(ii) For covered services--

(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);

(ii) For covered services--

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

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

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

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

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

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

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

(d) Reporting requirement.

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

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

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

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

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

(End of clause)

52.204-26 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”.

(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.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

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

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

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

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated May 27, 2022.