THIS IS AN AMENDMENT TO: combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) 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. Solicitation number M00318-20-Q-0023 is issued as a Request for Quotation (RFQ). This RFQ and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07 and Department of Defense FAR Supplement (DFARS) current to DPN 20200324. This is a 100% small business set-aside. The applicable North American Industry Classification System (NAICS) code is 334310 (Audio and Video Equipment Manufacturing) and the size standard for this NAICS is 750 employees.

Quotes are being requested for the following:

CLIN 0001: Acoustic Emulation System (AES)
Description: See attached salient characteristics and Statement of Work (SOW)
Quantity: 1

Unit of Issue: EA

Delivery Date: 10-12 weeks After the Date of Contract (ADC)

CLIN 0002: Installation of CLIN 0001

Description: Labor, to include: installment and tuning of AES in acccordance with the attached SOW. Please quote hourly rate and hours required for labor.

Quantity: 1

Unit of Issue: EA

Period of Performance: 10-12 weeks ADC

All items must be FOB Destination and priced as such. Delivery address is:                                                

Attn: SSgt Kyle Elliott

(808) 257-7440

Bldg 374 Rm 101 Band Hall

Marine Corps Base Hawaii                                                                                                                                              

Kaneohe Bay, HI 96863

The provision at FAR 52.212-1, Instructions to Offerors -- Commercial Items applies to this acquisition:

52.212-1 ADDENDUM

Questions regarding this RFQ must be submitted via email to Sergeant Lucas Elliott at [email protected]. To be considered for award, vendors must submit a quote to ensure they reach destination no later than 10:00 A.M. on September 04, 2020. Quotes received after the due date and time will not be considered for award. Quotes shall include all pricing for all CLINS IAW this notice, salient characteristics, SOW and completed provisions/clauses 52.204-24 and 52.204-26.

The clause at 52.212-2, Evaluation - Commercial Items applies to this acquisition. The following addendum describes the evaluation criteria being utilized for this requirement:

52.212-2 ADDENDUM

Evaluation and Award: The Government will award a contract resulting from this solicitation to the responsible vendor whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes (factors are not listed in any particular order of preference):

Factor 1: Price

Factor 2: Technical capability of the vendor to meet salient characteristics and SOW requirements.

Factor 3: Past Performance (review of Supplier’s Performance Risk System database)

Vendors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance or Equipment (Aug 2020), and 52.204-26,  with their quotation.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items applies to this acquisition. The following FAR clauses cited in 52.212-5 are also applicable:

52.204-10        Reporting Executive Compensation and First-Tier Subcontract Awards

52.209-6          Protecting the Government’s Interest When Subcontracting with Contractors Debarred,

Suspended, or Proposed for Debarment

52.219-6          (CD 2020-O0008) Notice of Total Small Business Set-Aside

52.219-28        Post-Award Small Business Program Rerepresentation

52.222-3          Convict Labor

52.222-21        Prohibition of Segregated Facilities

52.222-50        Combating Trafficking in Persons

52.223-18        Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-13        Restrictions on Certain Foreign Purchases

52.232-33        Payment by Electronic Funds Transfer—System for Award Management

The following provisions and clauses are also applicable:

52.203-19        Prohibition of Requiring Certain Internal Confidentiality Agreements or Statements        

52.204-7          System for Award Management

52.204-10        Reporting Executive Compensation and First-Tier Subcontract Awards
52.204-13        System for Award Management Maintenance

52.204-16        Commercial and Government Entity Code Reporting

52.204-18        Commercial and Government Entity Code Maintenance

52.204-23        Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

52.204-24         Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

52.204-25        Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

52.204-26         Covered Telecommunications Equipment or Services--Representation (Dec 2019)

52.209-6          Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-10        Prohibition of Contracting with Inverted Domestic Corporations

52.212-4          Contract Terms and Conditions- Commercial Items

52.212-5          Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Items

52.222-19        Child Labor—Cooperation with Authorities and Remedies

52.222-26        Equal Opportunity

52.232-40        Providing Accelerated Payments to Small Business Subcontractors

52.233-3          Protest After Award

52.233-4          Applicable Law for Breach of Contract Claim

252.203-7000   Requirements Relating to Compensation of Former DoD Officials

252.203-7005   Representation Relating to Compensation of Former DoD Officials

252.204-7012   Safeguarding Covered Defense Information and Cyber Incident Reporting

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

252.204-7016   Covered Defense Telecommunications Equipment or Services--Representation

252.204-7017   Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services--Representation

252.204-7018   Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services

252.211-7003   Item Unique Identification and Valuation

252.213-7000   Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past

Performance Evaluations

252.223-7008   Prohibition of Hexavalent Chromium

252.225-7001   Buy American and Balance of Payments Program- Basic

252.225-7012   Preference for Certain Domestic Commodities

252.232-7003   Electronic Submission of Payment Requests and Receiving Reports

252.232-7006   Wide Area WorkFlow Payment Instructions

252.232-7010   Levies on Contract Payments

252.239-7017   Notice of Supply Chain Risk

252.239-7018   Supply Chain Risk

252.244-7000   Subcontracts for Commercial Items

252.246-7008   Sources of Electronic Parts

252.247-7023   Transportation of Supplies by Sea--Basic

52.204-24  Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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 or 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 (Dec 2019)

(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.

(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) Representation. 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.

(End of provision)

This combined synopsis/solicitation incorporates one or more solicitation provisions and clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The vendor is cautioned that the listed provisions may include blocks that must be completed by the vendor and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the vendor may identify the provision by paragraph identifier and provide appropriate information with its quotation or offer. In addition, the full text of a solicitation provision may be accessed electronically at these addresses:

FAR/DFARS Clauses: https://www.acquisition.gov