W91QVN21R0045Solicitation.docx

W91QVN21R0045

Section SF 1449 - CONTINUATION SHEET

Exhibit/Attachment Table of Contents

Preventive Maintenance of Weather Sensor

FFP

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items, and non-personal services necessary to accomplish the requirements of this contract in accordance with the PWS. 17 (Weather Sensor) x 2 times per year = 34 each FOB: Destination

PSC CD: R427

NET AMT

Unscheduled Repair

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, supervision, and other items, and non-personal services to accomplish unscheduled repairs of this contract in accordance with the PWS.

ESTIMATED

NET AMT

Contract Data Requirement List (CDRL)

IAW PWS, PART 7, Contract Data Requirement List (CDRL), the contractor shall provide documents in contractor format subject to Gov't review and approval

NET AMT

Contract Manpower Report (CMR)

IAW PWS, Paragraph 5.4, Contractor Manpower Report (CMR) must be reported by 31 October of each calendar year during the life of the contract.

NOTE: Not to exceed 20 man hours for data collection and report.

(UIC: TBD)

NET AMT

Estimated War Haxard Losses is zero (0).

NET AMT

FFP

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items, and non-personal services necessary to accomplish the requirements of this contract in accordance with the PWS. 17 (Weather Sensor) x 2 times per year = 34 each

NET AMT

FFP

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, supervision, and other items, and non-personal services to accomplish unscheduled repairs of this contract in accordance with the PWS.

ESTIMATED

FFP

IAW PWS, PART 7, Contract Data Requirement List (CDRL), the contractor shall provide documents in contractor format subject to Gov't review and approval

NET AMT

FFP

IAW PWS, Paragraph 5.4, Contractor Manpower Report (CMR) must be reported by 31 October of each calendar year during the life of the contract.

NOTE: Not to exceed 20 man hours for data collection and report.

(UIC: TBD)

NET AMT

NET AMT

FFP

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items, and non-personal services necessary to accomplish the requirements of this contract in accordance with the PWS. 17 (Weather Sensor) x 2 times per year = 34 each

NET AMT

FFP

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, supervision, and other items, and non-personal services to accomplish unscheduled repairs of this contract in accordance with the PWS.

ESTIMATED

FFP

IAW PWS, PART 7, Contract Data Requirement List (CDRL), the contractor shall provide documents in contractor format subject to Gov't review and approval

NET AMT

FFP

IAW PWS, Paragraph 5.4, Contractor Manpower Report (CMR) must be reported by 31 October of each calendar year during the life of the contract.

NOTE: Not to exceed 20 man hours for data collection and report.

(UIC: TBD)

NET AMT

NET AMT

FFP

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items, and non-personal services necessary to accomplish the requirements of this contract in accordance with the PWS. 17 (Weather Sensor) x 2 times per year = 34 each

NET AMT

FFP

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, supervision, and other items, and non-personal services to accomplish unscheduled repairs of this contract in accordance with the PWS.

ESTIMATED

FFP

IAW PWS, PART 7, Contract Data Requirement List (CDRL), the contractor shall provide documents in contractor format subject to Gov't review and approval

NET AMT

FFP

IAW PWS, Paragraph 5.4, Contractor Manpower Report (CMR) must be reported by 31 October of each calendar year during the life of the contract.

NOTE: Not to exceed 20 man hours for data collection and report.

(UIC: TBD)

NET AMT

NET AMT

FFP

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items, and non-personal services necessary to accomplish the requirements of this contract in accordance with the PWS. 17 (Weather Sensor) x 2 times per year = 34 each

NET AMT

FFP

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, supervision, and other items, and non-personal services to accomplish unscheduled repairs of this contract in accordance with the PWS.

ESTIMATED

FFP

IAW PWS, PART 7, Contract Data Requirement List (CDRL), the contractor shall provide documents in contractor format subject to Gov't review and approval

NET AMT

FFP

IAW PWS, Paragraph 5.4, Contractor Manpower Report (CMR) must be reported by 31 October of each calendar year during the life of the contract.

NOTE: Not to exceed 20 man hours for data collection and report.

(UIC: TBD)

NET AMT

NET AMT

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Remote Weather Sensors Maintenance Services Contract

PART 1

GENERAL INFORMATION

1. Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform maintenance of 17 remote weather sensors as defined in this Performance Work Statement, except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.1. Background: To improve Army aviation flight safety, 17 (seventeen) remote weather observing systems (RWS) were installed throughout the Republic of Korea to record and disseminate limited weather observations.

1.2. Scope: The contractor shall provide routine and preventative maintenance, systems engineering, technical and program analysis, hardware, software design & upgrade, development and testing, delivery of associated technical support and all other maintenance to achieve characterization of environmental conditions for 17 (seventeen) installed RWS positioned at fixed locations throughout the Republic of Korea. (See map/data at Attachment 1).

1.2.1 Semi-annual Preventative Maintenance: The contractor shall perform semi-annual preventative maintenance for all 17 remote weather sensors allowing for full mission capable weather reporting services. Preventative maintenance shall be conducted IAW specifications outlined in applicable technical manual for the AN/TMQ-53 Tactical Meteorological Observing System. The contractor shall provide a report of the completed preventative maintenance taken no later than 15 calendar days after the completion of maintenance. The report must be sent to the COR electronically via email.

1.2.2 Unscheduled Maintenance: The contractor shall perform unscheduled maintenance allowing for full mission capable weather reporting services. In addition, unscheduled maintenance includes system removal, transfer, and relocation in the case of an installed location’s sale, ownership transfer, or demolition, and includes RWS re-installation at a new location. Maintenance shall be conducted IAW specifications outlined in the applicable technical manual for the AN/TMQ-53 Tactical Meteorological Observing System. The contractor must be prepared to respond and conduct unscheduled maintenance as requested within 24 hours of notification. The contractor shall provide a report of the completed unscheduled maintenance taken no later than 15 calendar days after the completion of unscheduled maintenance. The report must be sent to the COR electronically via email.

1.2.3 Calibration Testing: The contractor shall perform calibration procedures for all 17 remote weather sensors IAW specifications outlined in applicable technical manual for the AN/TMQ-53 Tactical Meteorological Observing System (TMOS). The contractor shall provide a report of the completed calibration test no later than 15 calendar days after the completion of the test. The report must be sent to the COR electronically via email.

1.3. Quality Assurance: The government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.4. Hours of Operation: The contractor is responsible for conducting business, between the hours of 0800 (8AM) to 1700 (5PM) Korean Standard Time (GMT+9) Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor shall not be reimbursed when the government facility is closed for the above reasons. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5. Place of Performance: The work to be performed under this contract will be accomplished at 17 weather sensor location throughout South Korea (See map/data at Attachment 1).

1.6. Security Requirements: Security clearance is not applicable.

1.6.1. Key Control: Access will be gained at the site per building owners’ contact.

1.6.2. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor at the KO’s discretion. In the event a master key is lost or duplicated, all locks and keys for that system will be replaced by the Government and the total cost deducted from the monthly payment due the Contractor at the KO’s discretion.

1.6.3. The Contractor shall prohibit the use of Government issued keys and key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.4 Contractor Base Pass and Identification & Special and Vehicle Passes: The contractor shall comply with all requirements and procedures. All base access/sensor location requests/ documentation shall be submitted to COR after the contract is awarded.

1.7 Contractor Qualification Requirement:

1.7.1. Contractor’s Business Registration Certificates: The contractor shall have a Information Communication Business Registration (정보통신공사업등록증) and Weather Services Equipment Business Registration (기상사업 등록증, 기상장비업) issued by ROK Government authorities.

1.7.2. Contractor’s Prior Experience: The contractor shall have a minimum two (2) year of experience within the last seven (7) years in the same or similar requirement of this PWS.

1.7.3. Key Personnel:

1.7.3.1. Contract Manager: The contractor shall provide a Contract Manager with a minimum one (1) year of experience within the last seven (7) years in the same or similar services of this PWS. The contract manager shall have full authority to act for the contractor on all contract matters relating to daily operations of this contract. The contract manager shall be available by telephone during normal duty hours (as mentioned in paragraph 1.4) within two (2) hours to discuss problems. After normal duty hour the manager or alternate shall be available within four (4) hours.

1.7.3.2. Middle Level Engineer(s): The contractor shall provide Middle Level Engineer(s) in the Information Communication Area (중급기술자, 정보통신분야) with a minimum one (1) year of experience within the last seven (7) years in the same or similar services of this PWS.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.1.14. FIXED LOCATION: infers a permanent, non-moving installation of equipment.

2.1.15. UNSCHEDULED MAINTENANCE. immediate repair, returning to operational service an electronic device.

2.1.16. OPERATIONAL READINESS. state of an electronic device for which it is designed to function in use.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED EQUIPMENT, PROPERTIES, AND SERVICES:

3.1. Services: The Government provides detailed physical positions of each sensor fixed location and full access to the 17 RWS’s for maintenance purposes.

3.2. Incidental Government Furnished Equipment: The Government shall furnish all proprietary parts only available from the original manufacturer necessary to meet the requirements of the Contract.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all personnel, supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS. The contractor shall ensure that employees have specialized permits, licenses and certifications required to operate or utilized the equipment. The Contractor shall operate and maintain the equipment in a safe status in accordance with AR 385-10 and host nation laws. The Contractor shall not use any government-owned tools, materials, or parts to maintain Contractor equipment without prior written approval of the ACO. The Contractor shall furnish everything needed to perform requirements of this Contract on a cost reimbursable basis except for those items specifically listed in Section 3 of this PWS as Government.

4.2 Equipment: The Contractor shall provide all the equipment suitable for the maintenance on the existing sensors with the existing electrical power sources. The Contractor shall use the equipment type and size suitable for the required operation and shall operate the equipment from existing Government-furnished electrical power sources. The Contractor shall ensure that if commingling of U.S. Government- and Contractor-furnished equipment occurs, respective equipment is easily identifiable and retrievable.

4.3 Vehicles: The Contractor shall meet vehicle safety requirements in accordance with Section 1 of this PWS. All Contractor furnished vehicles shall be maintained in a neat, presentable, and operational condition and shall meet Government safety inspection standards. The Contractor’s vehicles not meeting standards shall not be operated nor stored on U.S. Government installations. The Contractor shall provide a sign on the right and left side of Contractor furnished vehicles with the Contractor's company name and telephone number.

4.4 Schedule and planning: The contractor shall complete a schedule that includes all tasks and frequencies listed in Part 5 of this PWS. The schedule shall be provided to the COR for acceptance within 5 days after award of the contract.

4.5 Verification of equipment: The contractor shall be responsible to verify this contract and all the location of equipment, and inventory equipment, within 30 days of the contract award. Any discrepancies will be corrected and if necessary, re-negotiated with the contractor. In the event a discrepancy is noted after 30 days of award, the contract shall perform services as stated within this document with no additional cost to the government.

4.6 Materials and supplies: The Contractor shall furnish all supplies and materials necessary to meet the requirements of the Contract, except those specified as Incidental Government-furnished parts specified in Section 3. Supplies and materiel provided by the Contractor shall be of equal or better quality than those being replaced by the maintenance, repair, or servicing action. All supplies and materiel shall meet applicable codes or manufacturer's specification.

4.6.1 The Contractor shall maintain a sufficient quantity of on-hand materials and supplies to perform all work required under this Contract. Any failure on the part of the Contractor to provide sufficient quantities and quality of supplies and materials within the specifications of the Contract shall not be cause for reduction in any service or performance. The Contractor shall also maintain stocks to ensure continuous operation of critical systems as approved by the ACO. Critical systems are those that are directly related to health care, safety, and mission accomplishment. The Contractor shall provide a system for rapid procurement of items whose usage levels do not require maintenance of on-hand stocks. This system shall include a list of vendors for each such mission-critical repair item, information on availability, and expected delivery times.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASK:

5.1. The contractor shall provide services for utility use, and sensor operational readiness. Contractor shall submit a detailed monthly report of the daily operational readiness on each sensor. Contractor must inventory the equipment and submit serial numbers to G3 Aviation COR.

5.2. 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.

Performance Requirement Summary

Method of Surveillance

Remedy

· Verified Customer Complaints Contractor must perform routine maintenance within 5 days after notification from the COR.

· Verified Customer Complaints Contractor must perform unscheduled maintenance within 48 hours after notification from the COR.

· Verified Customer Complaints Contractor must perform calibration testing services within 5 days after notification from the COR.

5.3 The Contractor must abide by all WMO applicable regulations, publications, manuals, and local policies and procedures:

5.3.1 APPLICABLE PUBLICATIONS (CURRENT EDITIONS) World Meteorological Organizational (WMO) standard directives. Applicable Publications (Current Editions) World Meteorological Organizational (WMO) standard directives.

5.3.2 US AIR FORCE MANUALS 15-111, 15-124.

5.3.3 US AIR FORCE Technical Order 00-5-3.

5.3.4 WMO compliance Manuals are:

5.3.4.1 Manual on Codes Regional Codes and National Coding Practices VOLUME II.

5.3.4.2 WMO-No. 1060 Manual on the WMO Information System.

5.3.4.3 WMO-No. 258 Guidelines for the Education and Training of Personnel in Meteorology and Operational Hydrology.

5.4. CONTRACTOR MANAGEMENT REPORTING (CMR): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) requires for performance of services provided under this contract for PM and Repair Security Barrier Systems. The contractor is required to completely fill in all required data fields using the following web address: http://www.sam.gov.

The Contractor shall reference FAR clause 52.204-14: Service Contract Reporting Requirements. And follow reporting instruction in accordance with paragraphs (c) and (d) of the clause annually by October 31 for services performed under this contract during the preceding Government fiscal year (October 1-September 30).

(c) The Contractor shall report the following information:

(1) Contract number and, as applicable, order number.

(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.

(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.

(4) Data reported by subcontractors under paragraph (f) of this clause.

(d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sam.gov. (See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the contracting officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor’s failure to comply with the reporting requirements a part of the Contractor’s performance information under FAR subpart 42.15.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2021. Contractor may direct questions to the help desk at: http://www.sam.gov

5.5. CONTRACT REQUIREMENT DELIVERY LIST (CDRL)

PART 6

ATTACHMENT/TECHNICAL EXIBIT

6. ATTACHMENT/TECHNICAL EXHIBIT:

6.1. Attachment 1: South Korean Map of graphic fixed locations of 17 sensors.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

14-JUL-2022

MR. JORDAN GRUNERT

8TH ARMY G3 AVIATION AC

USAG HUMPHREYS BLDG HQ 10 (P12400)

RM C2-201 - G3 AVN

APO AP

UNITED STATES

(315)755-1233

W56POF

14-JUL-2022

W56POF

14-JUL-2022

W56POF

14-JUL-2022

W56POF

14-JUL-2023

MR. JORDAN GRUNERT

8TH ARMY G3 AVIATION AC

USAG HUMPHREYS BLDG HQ 10 (P12400)

RM C2-201 - G3 AVN

APO AP

UNITED STATES

(315)755-1233

W56POF

14-JUL-2023

W56POF

14-JUL-2023

W56POF

14-JUL-2023

W56POF

14-JUL-2024

MR. JORDAN GRUNERT

8TH ARMY G3 AVIATION AC

USAG HUMPHREYS BLDG HQ 10 (P12400)

RM C2-201 - G3 AVN

APO AP

UNITED STATES

(315)755-1233

W56POF

14-JUL-2024

W56POF

14-JUL-2024

W56POF

14-JUL-2024

W56POF

14-JUL-2025

MR. JORDAN GRUNERT

8TH ARMY G3 AVIATION AC

USAG HUMPHREYS BLDG HQ 10 (P12400)

RM C2-201 - G3 AVN

APO AP

UNITED STATES

(315)755-1233

W56POF

14-JUL-2025

W56POF

14-JUL-2025

W56POF

14-JUL-2025

W56POF

14-JUL-2026

MR. JORDAN GRUNERT

8TH ARMY G3 AVIATION AC

USAG HUMPHREYS BLDG HQ 10 (P12400)

RM C2-201 - G3 AVN

APO AP

UNITED STATES

(315)755-1233

W56POF

14-JUL-2026

W56POF

14-JUL-2026

W56POF

14-JUL-2026

W56POF

CLAUSES INCORPORATED BY REFERENCE

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

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

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

(c) Representations.

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

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

52.212-1 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. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified.