WAR_P Solicitation M00264-21-Q-0020 SP(cg).docx.pdf

SOLICITATION FOR WARRIOR ATHLETE RECONDITIONING PROGRAM SERVICES

ISSUED BY: Marine Corps Installations National Capital Region- Regional Contracting Office

2010 Henderson Road

Quantico, Virginia 22134

CONTRACT SPECIALIST: Ms. Cyndi Guthridge

(703) 432-1084 cynthia.guthridge@usmc.mil

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart

12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This acquisition is set aside

100% for Small Business. The applicable NAICS code is 611620 – Sports and Recreation Instruction with a size standard of $8 million. This Request for Quotation (RFQ) and subsequent contract are set-aside exclusively for only those certified as a Small Business. Quotes from other than these vendors will not be considered. This is a RFQ for the Wounded Warrior Regiment, Warrior Athlete Reconditioning Program. The Government intends to award a single firm fixed-price contract as a result of this solicitation. This acquisition will be conducted in accordance with

Federal Acquisition Regulation (FAR) Subpart 13.5, Simplified Procedures for Certain Commercial Items and FAR

12, Acquisition of Commercial Items.

M00264-21-Q-0020 is issued as a RFQ to provide the Government the following services: Contractor shall provide non-personal services for the Warrior Athlete Reconditioning Program requirement to provide the coaching services necessary at the specified adaptive sport events.

Contractor/Quoter: __________________________________

Address: __________________________________

City: __________________________________

State and Zip Code: __________________________________

Cage Code: __________________________________

Tax ID Number: __________________________________

Signature of Contractor/Quoter: ___________________________________

Title of Signer: ___________________________________

Date Signed: ___________________________________ mailto:cynthia.guthridge@usmc.mil

SUBMISSION OF QUOTES:

Questions: All questions must be received by 17 December 2020 at 9:00 AM Eastern Time. All questions submitted for this solicitation must be electronically sent to cynthia.guthridge@usmc.mil.

Note: Due to the firewall at Quantico, please be advised that it is the Quoter’s responsibility to ensure all electronic submittals of questions are received by the Contracting Office in the timeframe given above.

Quotes: Quotes must be received by the Contracting Office no later than 19 January 2021 at 9:00 AM Eastern

Time.

The provision at FAR 52.212-1, Instructions to Offerors- Commercial, Addendum applies to this acquisition and

FAR 52.212-2, Evaluation- Commercial Items, Addendum includes the specific evaluation criteria and procedures to be used mailto:cynthia.guthridge@usmc.mil

M0026421Q0020

SCHEDULE OF SUPPLIES/SERVICES

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 8 Each Regional Marine Corps Trials

FFP

Task 1- Coaching support services in accordance with SOW 3.1. Place of performance is Camp Pendleton, CA.

FOB: Destination

PSC CD: G003

NET AMT

0002 14 Each Regional Marine Corps Trials

FFP

Task 2- Coaching support services in accordance with SOW 3.2. Place of performance is Camp Lejeune, NC.

0003 8 Each Team Sport Camp

FFP

Task 3- Coaching support services in accordance with SOW 3.3. Place of performance is Camp Lejeune, NC.

0004 11 Each Multi-Sports Camp

FFP

Task 4- Coaching support services in accordance with SOW 3.4. Place of performance is Camp Pendleton, CA.

0005 15 Each Warrior Games and Training Camp

FFP

Task 5- Coaching support services in accordance with SOW 3.5. Place of performance is Orlando, FL.

0006 1 Lot Data

FFP

Contract Data Requirements List in accordance with SOW Section 7.

STATEMENT OF WORK

Statement of Work

United States Marine Corps

Warrior Athlete Reconditioning Program

Coaching Support for Marine Corps Trials, Adaptive Sports Training Camp, and Warrior Games 2021

1. Introduction

The United States Marine Corps (USMC) Wounded Warrior Regiment (WWR) Warrior Athlete Reconditioning

Program (WAR-P) is designed to strengthen wounded, ill, or injured (WII) service members through adaptive reconditioning and rehabilitation to set the course for a healthy lifestyle. The program provides access to specialized equipment, professional coaching, and the opportunity to attend various adaptive sport camps and competitions.

2. Scope

The WAR-P requires contractor support services for the Regional Marine Corps Trials (MCT), Team Sport Camp, Multi-Sport Camp, and the Warrior Games (WG) adaptive sporting events. The below table lists these event’s anticipated start and end dates:

Event Start Date End Date

Regional MCT - Camp Pendleton, CA April 5, 2021 April 16, 2021

Regional MCT - Camp Lejeune, NC April 19, 2021 April 30, 2021

Team Sport Camp - Camp Lejeune, NC June 13, 2021 June 19, 2021

Multi-Sport Camp - Camp Pendleton, CA July 11, 2021 July 17, 2021

WG 2021 & Training Camp - Orlando, FL

(ESPN Wide World of Sports Complex)

Training Camp

Aug 30, 2021

Training Camp

Sept 7, 2021

WG Sept 8, 2021 WG Sept 23, 2021

The purpose of this requirement is to provide coaching and support services during the aforementioned events to prepare Marine athletes to compete in the following twelve (12) sports:

Sports

Archery Sitting Volleyball

Cycling Powerlifting

Field Wheelchair Basketball

Shooting Wheelchair Rugby

Swimming Indoor Rowing

Track Golf

3. Requirement

The below tables detail the required coaching and support services. The hours of operation for each event is approximately eight (8) hours each day. All dates and sports are subject to change. Any changes or cancellation based on guidance issued by local or state Government (of the event state), or Department of Defense (DoD) will be provided at least 21 days in advance.

Support denoting a ‘coach/mechanic’ requires an individual proficient in both for the applicable sport.

In instances where a single sport has more than one coach, one of the coaches will be lead and serve as the ‘Head” coach.

3.1 Task 1

Table 1 details the coaching and support services required at the Regional Marine Corps Trials at Camp Pendleton, CA.

Table 1. Regional Marine Corps Trials Coach Requirements

Quantity Coaches - 8 total Dates

1 Archery Coach/Mechanic April 5- 16 2021

1 Archery Coach

1 Cycling Coach/Mechanic

1 Cycling Coach

2 Track Coaches

1 Field Coach

1 Shooting Coach

Marine athletes will compete in nine (9) sports during this event. Although Table 1 only lists five (5) of the nine (9) sports, the contractor is required to provided only the above coaching and support services because certified

Government adaptive sports instructors will also support this event; therefore creating a team environment to support all competing athletes.

3.2 Task 2

Table 2 details the coaching and support services required at the Regional Marine Corps Trials at Camp Lejeune, NC.

Table 2. Regional Marine Corps Trials Coach Requirements

Quantity Coaches - 14 total Dates

2 Swim Coaches April 19 – 30 2021

2 Track Coaches

1 Field Coach

2 Archery Coaches

3 Shooting Coaches

1 Rowing Coach

2 Cycling Coaches

1 Cycling Coach/Mechanic

Marine athletes will compete in nine (9) sports during this event. Although Table 2 only lists seven (7) of the nine

(9) sports, the contractor is required to provide only the above coaching and support services because certified

Government adaptive sports instructors will also support this event; therefore creating a team environment to support all competing athletes.

3.3 Task 3

Table 3 details the coaching and support services required at the Team Sport Camp at Camp Lejeune, NC.

Table 3. Team Sport Camp Coach Requirements

Quantity Coaches - 8 total Dates

1 Head Volleyball Coach June 13 – 19 2021

1 Head Basketball Coach

1 Assistant Basketball Coach/Mechanic

1 Assistant Volleyball Coach

1 Assistant Basketball Coach

1 Wheelchair Rugby Mechanic

1 Head Wheelchair Rugby Coach

1 Assistant Wheelchair Rugby Coach

Marine athletes will compete in 12 sports during this event. Although Table 3 only lists three (3) of the 12 sports, the contractor is required to provide only the above coaching and support services because certified Government adaptive sports instructors will also support this event; therefore creating a team environment to support all competing athletes.

(In instances where a sport has more than one coach, one of the coaches will be lead and serve as the ‘Head” coach.)

3.4 Task 4

Table 4 details the coaching and support services required at the Multi-Sports Camp at Camp Pendleton, CA.

Table 4. Multi-Sports Camp Coach Requirements

Quantity Coaches - 11 total Dates

1 Head Field Coach July 11 – 17 2021

1 Assistant Field Coach

Assistant Track/Wheelchair Racing

Coach

2 Assistant Shooting Coach

1 Assistant Cycling Coach/Mechanic

1 Head Archery Coach

1 Assistant Archery Coach/Mechanic

1 Head Track Coach

1 Head Rowing Coach

1 Head Golf Coach

Marine athletes will compete in 12 sports during this event. Although Table 4 only lists seven (7) of the 12 sports, the contractor is required to provide only the above coaching and support services because certified Government adaptive sports instructors will also support this event; therefore creating a team environment to support all competing athletes. .

3.5 Task 5

Table 5 details the coaching and support services required at the Warrior Games 2021 in Orlando, FL (ESPN Wide

World of Sports Complex).

Table 5. Warrior Games 2021 Coaching Requirements

Quantity Coaches - 15 total Dates

1 Volleyball Coach August 30 – September 23 2021

1 Head Field Coach

1 Head Track Coach

2 Shooting Coach

1 Head Archery Coach

1 Assistant Basketball Coach

1 Assistant Basketball Coach/Mechanic

1 Rowing Coach

1 Wheelchair Rugby Mechanic

1 Golf Coach

1 Assistant Cycling Coach/Mechanic

1 Wheelchair Rugby Coach

1 Assistant Powerlifting Coach

1 Ultimate Champion Coach*

A week long training camp begins 30 August and ends 7 September 2021. The purpose of the training camp is for coaches to practice with the athletes prior to the start of the WG on 8 September 2021.

Marine athletes will compete in 12 sports during this event. Certified Government adaptive sports instructors will also support this event; therefore the contractor is responsible for providing only the above coaching and support services so that a team environment is created to support all competing athletes.

*Note: The Ultimate Champion Coach oversees the athlete’s competition for the Ultimate Champion Award at the

DoD Warrior Games. To earn the Ultimate Champion title, athletes compete in eight sporting events in their functional classifications. Ultimate Champion athletes earn points based on their individual results in the events.

The Ultimate Champion is the athlete who earned the most points in the eight sporting events.

4. Additional Requirements

4.1 Minimum Experience and Certification

4.1.1 Contractor Experience

Minimum five (5) years’ experience (cumulatively or individually) providing coaching support in any of the following:

- Wounded Warrior Regiment (or other service equivalent) sports camps, trials and/or games,

- Competitive levels, such as DOD Warrior Games, collegiate, Paralympic or National level,

- Adaptive sport experience at a national level, such as NCAA, Paralympics, US Shooting, DOD Warrior

Games, etc.

4.1.2 Certification and Experience

The below applies to both coaches and coach/mechanics.

Coaches shall have 3 years’ experience in a qualified US and National Governing Body (NGB) qualified athletic sport or equivalent and 2 years’ experience with Adaptive athletes.

Competitive coaching experience in adaptive sports at a national level, such as NCAA, Paralympics, US Shooting, DoD Warrior Games, etc.

All coaches must have a valid Safe Sport Certificate of completion prior to start of the Adaptive Sport events.

Certificate level by sport must be as follows:

Table 6. Sport Certificate Level Requirement

Sport Certificate requirements

Archery USA Archery certification Level 2 in compound and recurve

Cycling

USA Cycling certification Level 3 for coaches, mechanic- 3-4 years of cycle mechanic experience

Golf USGTA Associate member certification or above

Indoor Rowing USA Rowing Certification Level 1

Powerlifting USA Powerlifting certification Level 1

Shooting Coach certified Level 3 in primary focus, 2 in secondary focus (from US Archery)

Sitting Volleyball USA Volleyball certification Level 2

Swim At least 3 years coaching experience with 1 year working with adaptive athletes

Track & Field

US Track & Field certification Level 1 or equivalent certification from nationally recognized Track & Field organization

Wheelchair Basketball US Basketball certification Level 1

Wheelchair Rugby USA Rugby certification Level 1

Team Coach

Must be fully aware of all Warrior Games guidelines, rules, regulations and classifications

4.2 Training

Coaches are expected to develop a training plan to fit within the schedule provided by WWR WAR-P for the

Regional MCT, Camps and WG to train WII Marine athletes in their designated adaptive sport. The training plan will outline the practice schedule details such as session start and end times. The training plan shall be submitted to the Contracting Officer’s Representative no later than the start of an event.

4.3 Coaching Responsibilities

- Manage practice sessions;

- Assist with gear and equipment set up and maintenance;

- Assist with accountability of their athletes at the Regional MCT, Camps and WG events to ensure safety and proper execution;

- Submit a sport specific WWR athlete assessment on each athlete at the end of each events; and

- Provide their own whistles for wheelchair basketball.

Though coaches are required to be actively involved in identifying equipment maintenance issues, Government personnel will assist coaches with physical limitations in regards to gear and equipment set up and maintenance.

5. Travel

The contractor is responsible for all travel and lodging arrangements for their contracted personnel. The contractor will adhere to FAR 31.205-46 for all travel requirements under this contract. Government installation lodging will not be provided or offered to the contractor; it is the responsibility of the contractor to determine what accommodations will be required for their coaching staff. Additionally, the contractor is responsible for providing transportation for their coaching staff to and from their place of lodging to the Regional MCT, Multi-Sport Camp, Team Sport Camp and the WG events. The Government will not be providing any ground transportation for coaching staff.

Coaches will arrive the day before each of the events start. In the event a coach’s sport does not start on the first day of the event, the Government will provide the coach an anticipated practice schedule and other pertinent event information. Coaches should schedule their departure on the day after their respective sport competition concludes, and not attempt to leave their competition early to accommodate airline travel flight schedules.

6. Additional Information

- The contractor and coaching staff are not required to rent any ground transportation to assist in the movement of warrior athletes or any other Government personnel;

- The contractor and their coaching staff are not required to rent any equipment for the event. The equipment for the event will be provided by the Government;

- Coaches are required to report daily to the designated Command Center ;

- Mechanic coaches for a designated sport equipment are expected to bring their tools and supplies;

- Daily training periods and coach expectations will be based on the overall schedule. The needs for coaches in the specific sports may change based on the needs of the athletes attending these events.

7. Deliverables

The Contractor will submit the following deliverables to the COR as described in the in the respective Contract Data

Requirements List (CDRL). (See Exhibits A001 and A002.) The COR is responsible for the tracking and acceptance of all deliverables.

Deliverables

Deliverable

PWS

Reference CDRL

Training Plan

4.2 A001

Athlete Assessment

4.3 A002

8. Required Insurance

The following types of insurance are required in accordance with FAR Clause 52.228-5, “Insurance – Work on a

Government Installation” and shall be maintained in the minimum amounts. This clause can be found in the clause and provisions section of this solicitation and may also be found at: https://www.acquisition.gov/content/regulations

8.1 Workmen’s Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State that does not require or permit private insurance, then companies with the statutory or administrative requirement in any such State will be satisfactory.

8.2 Automobile Liability Insurance. This insurance shall be required on the comprehensive of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. This insurance may be required in order to obtain entry to the military installation.

9. Contracting Officer’s Representative (COR)

The WWR will designate a COR who represents the Contracting Officer by having oversight of all contract tasks, to include technical oversight of performance, deliverable acceptance, invoice certification, and coordination of follow-on work efforts. The COR is not empowered to award, agree to, sign, or modify any contract, including delivery orders, or in any way to obligate the payment of money by the Government. The COR may not take any action which may affect contract or delivery order schedules, funds, or scope. The Contracting Officer must make all contractual agreements, commitments, or modifications involving price, quantity, quality, delivery schedules, labor mix, or other terms and conditions of the contract. The COR shall not disclose source selection or proprietary information, provide any budgetary information to the Contractor, authorize personal services, or interfere with the

Contractor’s personnel practices or organized labor. The Marine Corps Installations Command National Capital

Region – Regional Contracting Office (MCINCR-RCO) Contracting Officer will interface with Prime Contractor representatives for payment, administration, and all contractual issues.

10. Authorized Changes

Authorized Changes by the Contracting Officer (KO)

Except as specified in Paragraph B below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the Changes clause of this contract.

A) The contractor shall not comply with any order, direction, or request of Government personnel unless it is issued in writing and signed by the KO or is pursuant to specific authority otherwise included as a part of this contract.

B) The KO is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, said authority remains solely the KO’s. In the event the contractor effects change at the direction of any person other than the KO, the change will be considered to have been made without authority and no adjustment will be made in the https://www.acquisition.gov/content/regulations contact price to cover any increase incurred as a result thereof. The address and telephone number of the

KO is:

Name: TBD

Telephone:

Email:

11. Security

Upon contract award, WWR will work with the vendor to enable coaches to obtain identification cards that will authorize physical access to DoD sites/buildings. Non-DoD employees will be required to complete applications requiring personal identifying information that will be used for security screening and access to DoD facilities.

The following links provide the procedures to obtain base access:

https://www.lejeune.marines.mil/Base-Access/ https://www.pendleton.marines.mil/Base-Access/

12. NMCARS 5237.102-90 EMCRA

5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for Wounded Warrior Regiment via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission

(D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address:

https://sam.gov/SAM/.

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. Contractors may direct questions to the help desk, linked at https://sam.gov/SAM/.

13. Performance Requirements Summary

The below table details the performance objectives and performance standards that must be performed by the contractor. The table also details the method of surveillance the COR will use to determine the quality of the contractor’s performance as it relates to those objectives and standards.

Performance

Objective

PWS

Reference Performance Standard

Acceptable

Quality

Level

(AQL)

Surveillance

Method Incentive https://www.lejeune.marines.mil/Base-Access/ https://www.pendleton.marines.mil/Base-Access/

Provide adequate coaching and support personnel to support the

Wounded Warrior adaptive sporting events

PWS 3.1

Task 1

The Regional Marine

Corps Trials, Camp

Pendleton event is supported by 8 coaches

100%

- Demonstration

- Customer

Feedback

- CPARS

rating

PWS 3.2

Task 2

The Regional Marine

Corps Trials, Camp

Lejeune event is supported by 14 coaches

100%

PWS 3.3

Task 3

The Team Sport Camp event is supported by 8 coaches 100%

PWS 3.4

Task 4

The Multi-Sports Camp event is supported by 11

Coaches 100%

PWS 3.5

Task 5

The Warrior Games

2021 event is supported by 15 coaches 100%

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 05-APR-2021 TO

16-APR-2021

N/A N/A

0002 POP 19-APR-2021 TO

30-APR-2021

0003 POP 13-JUN-2021 TO

19-JUN-2021

0004 POP 11-JUL-2021 TO

17-JUL-2021

0005 POP 30-AUG-2021 TO

23-SEP-2021

0006 POP 05-APR-2021 TO

23-SEP-2021

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017

52.207-2 Notice Of Streamlined Competition MAY 2006

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.223-10 Waste Reduction Program MAY 2011

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-17 Interest MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.247-34 F.O.B. Destination NOV 1991

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

52.252-5 Authorized Deviations In Provisions NOV 2020

52.252-6 Authorized Deviations In Clauses NOV 2020

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7006 Billing Instructions OCT 2005

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.215-7007 Notice of Intent to Resolicit JUN 2012

252.215-7008 Only One Offer JUL 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items OCT 2020

252.247-7023 Transportation of Supplies by Sea FEB 2019

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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2020)

ALTERNATE I (OCT 2014)

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.

https://www.sam.gov/

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

(50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

"Small business concern"—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13

CFR part 121 and size standards in this solicitation.

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

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

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

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

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

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

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

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

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

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

“Women-owned small business concern” means a small business concern --

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

51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” 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.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by http://www.sam.gov/ reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the

United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may…