W91QVN-21-R-0034 (Released).pdf

PDF 600 KB Posted Jan 31, 2021

Attached to: HAZMAT Training Course
Solicitation number: W91QVN-21-R-0034
Issued by: Department of the Army Materiel Command Army Contracting Command

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SEE ADDENDUM

(No Collect Calls)

W91QVN21R0034 19-Jan-2021

b. TELEPHONE NUMBER

315-755-0657

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 22 Feb 2021

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.

W91QVN9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MAJ BEARD, RAYMOND A.

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

0011587844

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

411TH CONTRACTING SUPPORT BRIGADE, KOREA

SERVICES DIV, UNIT #15289

APO AP 96271

UNITED STATES

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 W56MFW 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

23D CBRNE BN

AP 96257

UNIT 15803, APO

KOREA, SOUTH

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

611519

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 OF59

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.

W91QVN21R0034

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each HAZMAT Training Course MTT

FFP

Provide 2 x professional instructors and materials per course for up to 25 Students at Camp Humphreys, ROK. The courses shall be for 10 days between 18 APR - 14 MAY 2021 and 30 AUG - 24 SEP 2021 in accordance with paragraph 1.3 and 1.4 of Performance Work Statement.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011587844

PSC CD: U099

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Estimated Cost for War Hazard

FFP

is for Zero (0).

FOB: Destination

NET AMT

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 08-APR-2021 TO

30-SEP-2021

N/A 23D CBRNE BN

23D CBRNE BN

AP 96257

UNIT 15803, APO

KOREA, SOUTH

FOB: Destination

W56MFW

0002 N/A N/A N/A N/A

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Hazmat Training Course, FY 2021

US Army Camp Humphreys, Republic of Korea

1. General: This is a non-personnel services contract to provide a ten day Hazmat training course. The Government shall not exercise supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. Description of Services/Introduction: The contractor shall provide all instructors, transportation, tools, training materials, supervision, and other items necessary to perform duties defined in this Performance Work Statement. The contractor shall perform to the standards in this contract.

1.2. Background: The 718th Explosive Ordnance Disposal Company (EOD) is the assigned EOD response unit for all U.S. installations on the Korean Peninsula. As the EOD response company for Korea they require the training necessary to safely respond to all explosive hazard threats and munitions in their Area of Operation (AO). One of those missions includes the Carroll* mission that involves EOD working with many hazardous substances. HAZMAT training is required in order for EOD to be able to familiarize and teach its personnel who will be obligated to perform EOD support to the Carroll* mission. Additionally, the 23d CBRN BN that 718th EOD falls under requires E6 promotable CBRN personnel in their formation to attend the HAZMAT training as well in order to be eligible to attend the Senior Leader’s Course for their career progression.

1.3. Objectives: It is a mission requirement that the 718th EOD receive HAZMAT technician level training IAW 49 CFR §1910.120 to minimize the risk of injury or death during THAAD response.

Training will consist of the following:

1.3.1. PROBOARD certification certificate.

1.3.2. An understanding of what hazardous substances are and the risks associated with an incident.

1.3.3. The ability to recognize the presence of hazardous substances in an emergency.

1.3.4. The ability to identify hazardous substances.

1.3.5. Knowledge of the basic hazmat hazards and risk assessment techniques.

1.3.6. Know how to select and use proper personal protective equipment.

1.3.7. A basic understating of hazardous material terms.

1.3.8. Know how to perform basic control, containment and/or confinement operations within the capabilities of the resource and personal protective equipment.

1.3.9. Know how to implement basic decontamination procedures.

1.4. Period of Performance: The period of performance for instruction on-site at Camp Humphreys, Korea shall be for ten- days between 18 April - 14 May 2021 and 30 August - 24 September 2021 Training will not be conducted on the weekends and the method of training will be PowerPoint presentation, practical and a written exams. Ideally unit strives to have two MTT’s per fiscal year.

1.5. Other: Instructors for this training course are neither contractors of or employed by the U.S.

government. Instructors will not have access to any computer networks and will be escorted on-post to all training facilities as needed. Instructors will conduct Anti-Terrorism AT level one training and provide training certificates no later than 5-10 days prior to course start date. Prior to departure the unit Anti-Terrorism Officer (ATO) will provide instructors with an area of responsibility (AOR) specific awareness training as directed by AR 525-13 through email.

2. Contractor responsibilities:

2.1. Provide 2x highly-trained professional instructors, per course. Contractor shall provide text material, Power Point briefing / instruction for up to 25 attendees.

2.2. Present this course at Camp Humphreys.

2.3. Arrange travel - including lodging and transportation - from the contractor’s home location to Camp

Humphreys, and return to the contractor’s home location.

2.4. Present two MTT’s of ten-day (80 classroom hour) training course (See Annex A of Course

Curriculum).

2.4.1. Hazmat Awareness Training 1 Day (8-hour class) per MTT

2.4.2. Hazmat Operations Training 3-Days (24-hour class) per MTT

2.4.3. Hazmat Technician Training 5-Days (40-hour class) per MTT

2.5. Materials: The Contractor will provide the necessary training materials and exams to execute this training.

3. Government furnished materials and services:

3.1. Facilities: The Government will provide a classroom suitable for 25 attendees and audio-visual equipment for Power Point instruction at a training facility on US Army Camp Humphrey 18 April - 14 May 2021 and 30 August - 24 September 2021.

3.2. Utilities: The Government will provide the contractor all utilities in the training facility for the contractor to perform the tasks outlined in this PWS.

3.3. Equipment: The Government will provide training aids such as JSLIST with protective mask, boots, gloves, HAZMAT suits with SCBA tanks but is not limited to the items specifically listed..

3.4. Materials: The Government will provide the necessary announcements to attendees and Standard

Operating Procedures, and policies to support attendee course completion.

4. Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Required Services (Tasks)

Performance Standard Acceptable Quality Threshold

Method of Surveillance

Incentive (Positive and/or Negative)

(Impact on Contractor Payments)

1.3.1 Objectives

The contractor shall provide PROBOARD certification certificates

100 % Periodic Deficiencies corrected on the spot

1.3.2 Objectives The contractor should ensure

students have an understanding of what hazardous substances are and the risks associated with an incident.

100 % Periodic, Random, Customer Feedback

Deficiencies corrected on the spot

1.3.3 Objectives

The contractor shall ensure the students have the ability to recognize the presence of hazardous substances in an emergency.

100 % Random (Test Review)

Deficiencies corrected on the spot

1.3.4 Objectives

The contractor shall ensure the students have the ability to identify hazardous substances.

100 % Random (Test Review)

Deficiencies corrected

1.3.5 Objectives

The contractor shall ensure the students have knowledge of the basic hazmat hazards and risk assessment techniques.

100 % Random (Test Review)

Deficiencies corrected

1.3.6 Objectives

The contractor shall ensure students know how to select and use proper personal protective equipment.

100 % Random (Test Review)

Deficiencies corrected

1.3.7 Objectives

The contractor shall ensure students have a basic understating of hazardous material terms.

100% Random (Test Review)

Deficiencies corrected on the spot

1.3.8 Objectives The contractor shall ensure

students know how to perform basic control, containment and/or confinement operations within the capabilities of the resource and personal protective equipment.

100% Random (Test Review)

Deficiencies corrected on the spot

1.3.9 Objectives The contractor should ensure

students know how to implement basic decontamination procedures.

100% Random (Test Review)

Deficiencies corrected

2.1 Instructors Provide 2x highly-trained

professional instructors, per course. Contractor shall provide text material, Power Point briefing / instruction for up to 25 attendees.

100 % Periodic Contractors will only get paid based on amount of instructors who taught class.

2.2 Course

Location

The contractor shall present this course at Camp Humphreys.

100 % Periodic Deficiencies corrected on the spot.

2.3 Contractor

Travel

The contractor shall arrange travel - including lodging and transportation - from the contractor’s home location to Camp Humphreys, and return to the contractor’s home location.

100% Periodic Travel costs will be covered in contract.

2.4 Training

Requirements

Contractor shall provide two MTT’s of ten-day (80 classroom hours) training courses.

95% of Students meeting course standard.

Random (Test Review)

Immediate review of course curriculum and vendors ability to execute training.

2.4.1 Hazmat

Awareness

Contractor shall provide 1-Day Hazmat Awareness Training (8-hour class) per MTT

95% of Students meeting course standard.

Random (Test Review)

Immediate review of course curriculum and vendors ability to execute training.

2.4.2 Hazmat

Operations

Contractor shall provide 3-Day Hazmat Operations Training (24 hour class) per MTT

95% of Students meeting course standard.

Random (Test Review)

Immediate review of course curriculum and vendors ability to execute training.

2.4.3 Hazmat

Technician

Contractor shall provide 5-Day Hazmat Technician Training (40 hour class) per MTT

95% of Students meeting course standard.

Random (Test Review)

Immediate review of course curriculum and vendors ability to execute training.

2.5 Materials The Contractor will provide

the necessary training materials and exams to execute this training.

100% Periodic Immediate review of course curriculum and vendors ability to execute training.

Annex A: Hazmat Training Course curriculum.

a. Hazmat Awareness Training 1 Day (8-hour class) QTYx2.

(1) All students completing the class will receive the PROBOARD certification certificate. Certificate copies must be submitted with the invoice.

(2) First responders at the awareness level shall have sufficient training or have sufficient experience to demonstrate competency in the following areas:

• An understanding of what hazardous substances are and the risks associated with them in an incident.

The ability to recognize the presence of hazardous substances in an emergency.

The ability to identify hazardous substances.

Measure of performance- At the conclusion of Day 1 training, students will receive a written exam and must pass with a score of 80%. This exam will validate students have sufficient knowledge of hazardous response at the awareness level.

b. Hazmat Operations Training 3-Days (24-hour class) QTYx2.

(1) All students completing the class will receive the PROBOARD certification certificate. Certificate copies

(2) First responders at the Operations level shall have sufficient training or have sufficient experience to demonstrate competency in the following areas:

• Day 1- Knowledge of the basic hazard and risk assessment techniques Day 2- Know how to select and use proper personal protective equipment. A basic understating of hazardous material terms.

Day 3- Know how to perform basic control, containment and/or confinement operations within the capabilities of the resource and personal protective equipment. Know how to implement basic decontamination procedures.

Measure of performance- At the conclusion of Day 3 training, students will receive a written exam and must pass with a score of 80%. This exam will validate students have sufficient knowledge of hazardous response at the Operations level. Additionally, students will receive a hands-on practical exam demonstrating their knowledge on containment, confinement and decon procedures.

c. Hazmat Technician Training 5-Days (40-hour class) QTYx2.

(1) All students completing the class will receive the PROBOARD certification certificate. Certificate copies

(2) First responders at the Technician level shall have sufficient training or have sufficient experience to demonstrate competency in the following areas

Day 1- Knowledge of the basic hazard and risk assessment techniques

Day 2- Know how to select and use proper personal protective equipment. A basic understating of hazardous material terms.

Day 3- Know how to perform basic control, containment and/or confinement operations within the capabilities of the resource and personal protective equipment.

Day 4- Know how to implement basic decontamination procedures.

Day-5 -At the conclusion of Day 5 training, students will receive a written exam and must pass with a score of 80%. This exam will validate students have sufficient knowledge of hazardous response at the Technician level. Additionally, students will receive a hands-on practical exam demonstrating their knowledge on containment, confinement and decontamination procedures.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7008 Only One Offer JUL 2019 252.215-7012 Requirements for Submission of Proposals via Electronic

Media.

JAN 2018

252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States

JUN 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of Clause)

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.

(End of provision)

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)

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items JUN 2020

CLAUSE(S) 52.212-1 - ADDENDUM TO FAR 52.212-1

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2015)

NOTICE TO NON-LOCAL OFFERORS

U.S. Contractor may be designated as Invited Contractor (IC) under Article XV of the U.S. – Republic of Korea (ROK) Status of Forces Agreement (SOFA) in accordance with United States Forces Korea (USFK) Regulation 700-19. (See Reference Provision 5152.225-4020 Invited Contractor or Technical Representative Status under U.S.

– ROK)

1. CONTRACT AWARD:

1.1. The Government intends to execute a Firm Fixe Price (FFP) type contract for Hazmat training at Camp Humphreys. Award will be made to the responsible Offeror submitting the Lowest Price Technically Acceptable (LPTA) offer in accordance with the Federal Acquisition Regulation (FAR) Parts 12 "Acquisition of Commercial Items" and 13 "Simplified Acquisition Procedures" that satisfies all terms and conditions of the solicitation.

1.2. In accordance with FAR 52.212-1, Instructions to Offerors-Commercial Items (OCT 2015), the Government reserves the right, based on the Government's best interests, to make a determination to: 1) award without discussions; 2) make a single award for this requirement; 3) establish a competitive range in order to conduct discussions; and/or 4) make no award if, upon evaluation, none of the proposals are deemed likely to meet the requirements.

2. PROPOSAL SUBMISSION: Offerors' proposals shall adhere to the following instructions:

2.1. These instructions are designed to ensure submission of essential information in order for the Government to understanding and evaluate proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make award on initial offers received, without discussions with Offerors.

2.2. Offerors are cautioned to submit adequate information to enable the Government team to fully ascertain each Offeror’s capability to perform all of the requirements identified in the solicitation. All commitments made in the proposal shall become a part of the resultant contract.

2.3. Offerors are required to submit a COMPLETE package through Beta SAM at (https://beta.sam.gov/) or in the event of technical issues, submit a COMPLETE package via email to both raymond.a.beard2.mil@mail.mil AND yangi.no.ln@mail.mil by 1300 hours (local) on the closing date.

2.4. A complete offer package includes:

(a) Signed first page of the solicitation and each amendment.

(b) price for each contract line item (CLINs) in the solicitation CLINs.

(c) All information required for A- Technical, B- Past Performance, C- Price as supporting documentation for the non-price factor(s) specified in Addendum to FAR 52.212-1 and 52.212-2 of this solicitation, and

(d) FAR Clause 52.212-3, Alt I, OFFEROR REPRESENTATIONS AND CERTIFICATIONS- Commercial Items: The offeror shall provide a complete FAR 52.212-3, Alt 1, (h) & (k).

(e) Point of Contact (POC): Name(s) and telephone number, and e-mail address of person(s) authorized to conduct discussions/negotiations and to financially bind the company.

Factor A - Technical Capability: The Offeror’s proposal shall contain all technical factors/subfactors of their technical capability which demonstrates a clear understanding and ability to execute all PWS requirements. The offeror shall provide following valid personnel’s resume.

Subfactor 1. Prime Contractor’s Qualification: The Prime Contractor’s certificate shall be Hazmat Technician training institution accredited by ProBoard.

Subfactor 2. Key Personnel Qualification: The offeror shall provide valid personnel’s resume for a minimum of one (1) year training experience to conduct ProBoard Hazmat Technician within the last seven (7) years from the closing date of this solicitation in performing the same or similar type of services to conduct ProBoard Hazmat Technician training.

*Failure to provide the above required copy of Subfactor 1 and Subfactor 2 will result in a rating of “Unacceptable”.

Factor B. Past Performance: Authorized to provide information on the problems encountered on the identified contracts and the Offeror’s corrective actions. The offeror shall have recent and relevant past performance in the same or similar projects related to this requirement. Recent past performance is within the last seven (7) years as of the closing date of solicitation. Relevant past performance are those that are the same or similar services based on size, scope, complexity, and contract type. The offeror shall describe its past performance on contracts it has held which are of similar scope and magnitude to that which is detailed in the solicitation. The Government may ascertain past performance information on the Offeror from sources other than the references provided.

The offeror shall provide the following information for each past performance reference:

- The title of the contract/project

- A clear description of work completed

- Length of contract/project (Year/Month/Date – Year/Month/Date)

- Value (Won amount and SF per month) of contract/project

- Complete name and phone number of Point of Contact (POC) at Client Organization

Factor C. Price: Price Proposal: The offeror shall complete the pricing information for each Contract Line Number (CLIN) identified that has quantity identified.

The proposed price shall:

Be Reasonable: Acceptable estimating methodology for developing the price quotation.

Be Complete: Responsive to all solicitation requirements, all PWS items are included, and estimates can be traced.

Proposed prices will be evaluated in accordance with FAR 13.106-3 (a). The Government will evaluate offers for award purpose by adding the total of all CLINs prices.

Point of Contact (POC): Name(s) and telephone number, and e-mail address of person(s) authorized to conduct discussions/negotiations and to financially bind the company.

Signed Solicitation and Amendment: Signed first page of the solicitation (SF1449) and each amendment (SF30) (if any amendment were issued).

End of FAR 52.212-1 Instruction to Offerors – Commercial Items (Jan 2017), Addendum

CLAUSE(S) 52.212-2 - ADDENDUM TO FAR 52.212-2

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

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

Award will be made to the responsible Offeror submitting the Lowest Priced Technically Acceptable (LPTA) offer that satisfies all terms and conditions of the solicitation. Offers will be evaluated for acceptability, but not ranked using the non-price factors/subfactors.

Acceptable Proposal meets the requirements of the solicitation.

Un-acceptable Proposal does not meet the requirements of the solicitation.

All Technical factors and subfactors shall be evaluated on an acceptable or unacceptable basis. A rating of unacceptable for any factor will result in technically unacceptable rating. Failure to provide documents addressed below will result in a rating of “Unacceptable”.

Factor A – Technical:

Subfactor 1. Prime Contractor’s Qualification: The Prime Contractor’s certificate shall be Hazmat Technician training institution accredited by ProBoard.

Subfactor 2. Key Personnel Qualification: A minimum of one (1) year instructor experience to conduct ProBoard Hazmat Technician training within the last seven (7) years as of this solicitation closing date.

*Failure to provide the above required copy of Subfactor 1 and Subfactor 2 will result in a rating of “Unacceptable”.

Factor B. Past Performance: Past Performance: The past performance factor considers the Offeror’s demonstrated recent and relevant record of performance in supplying services that meet the contract requirements.

Past performance will be evaluated on an acceptable/unacceptable basis. Offerors are required to identify contracts, both commercial and Government contracts for the same or similar service. The Government may ascertain past performance information on the offeror from sources other than the contracts/ references provided.

The following ratings will be used in evaluating Past Performance:

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (See note below).

Unacceptable Based on the offeror’s performance record, the Government does not have reasonable expectation that the offeror will be able to successfully perform the required.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”

Past Performances will be evaluated on the contractor’s list of contracts which they have performed same or similar services relevant to this solicitation’s requirement within the last seven (7) years as of the closing date of the solicitation. Relevant past performance are those that are the “same or similar” services based on size, scope, complexity, and contract type. Offerors’ recent and relevant past performance may consist Government and/or commercial contracts for the prime offeror and/or for each major subcontractor who performed during the past three

(3) years from the release dated of this solicitation. The offeror’s past performance will be evaluated in accordance with FAR 15.305(a) (2).

Past performance of offerors will be evaluated based on the following processes:

(i) Review of the detailed explanation submitted by offerors, demonstrating the relevance of the references to the requirements of the solicitation.

(ii) References will be contacted by phone to verify contents in detail explanation and to determine record of compliance with contract requirements, accuracy of reports, technical and quality awards/certificates.

(iii) The Government reserves the right to obtain past performance information from any reasonable source available, including the Past Performance Information Retrieval System (PPIRS) website http://www.ppirs.gov in order to evaluate offerors’ past performance. Also CPARS, if applicable, will be used for evaluation of the past performance.

NOTE: As part of the Responsibility Determination, the Contracting Officer will evaluate past performance to determine the offeror’s capability to perform the contract. Failure to submit data or lack of any performance history will not in itself be a reason for determination of non- responsibility. The Contracting Officer is not limited to the information provided. The Contracting Officer may use this data along with data obtained from other sources the Contracting Officer determines appropriate to obtain sufficient information on the offeror’s past performance to make a responsibility determination.

Factor C. Price: Price analysis will be performed to determine the extent to which it is reasonable and complete.

Proposed prices will be evaluated in accordance with FAR 13.106-3.

(b) 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.

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)

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. 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,…

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