NASA/John F. Kennedy Space Center, Procurement, Kennedy Space Center, FL 32899

60 -- DUAL JACKET SINGLE METALLIC ARMOR DIRECT BURIED FIBER OPTICAL CABLE DUE 060900 POC Lynn E. Rafford, Contract Specialist, Phone (321) 867-7364, Fax (321) 867-2042, Email Lynn.Rafford-1@ksc.nasa.gov WEB: Click here for the latest information about this notice, http://nais.msfc.nasa.gov/cgi-bin/EPS/bizops.cgi?gr=D&pin=76#0055-4747. E-MAIL: Lynn E. Rafford, Lynn.Rafford-1@ksc.nasa.gov. THIS NOTICE CONSTITUTES AMENDMENT NO. 2 TO THE COMBINED SYNOPSIS/RFQ FOR DUAL JACKET SINGLE METALLIC ARMOR DIRECT BURIED FIBER OPTICAL CABLE. Companies shall acknowledge all amendment(s) in their quote. This notice serves as the official amendment to subject synopsis/RFQ and a written amendment will not be issued. The due date for receipt of offers is not extended. The purpose of this amendment is to A) clarify how contract award will be determined, and to B) specify the clauses that are applicable and incorporated by reference under FAR 52.212-5. A. BASIS FOR CONTRACT AWARD Award will be based upon overall best value to the Government, with consideration given to the factors of proposed technical merits, price and past performance; other critical requirements (i.e., delivery) if so stated in the RFQ will also be considered. Unless otherwise stated in the solicitation, for selection purposes, technical, price and past performance are essentially equal in importance. It is critical that offerors provideadequate detail to allow evaluation of their offer (see FAR 52.212-1(b) and the full text of a clause may be accessed electronically at this address: http://nais.nasa.gov/FAR/. B. FAR 52.212-5 CLAUSES INCORPORATED BY REFERENCE FAR 52.212-5 is applicable and the following clauses are incorporated by reference: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (FAR 52.212?5) (FEB 2000) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Feb 2000) (a) The Contractor agrees to comply with the following FAR clauses,mwhich are incorporated in this contract by reference, to implement provisions of law or executive orders applicable to acquisitions of commercial items: (1) 52.222-3, Convict Labor (E.O. 11755). (2) 52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s 12722, 12724, 13059, and 13067). (3) 52.233-3, Protest after Award (31 U.S.C. 3553). (b) The Contractor agrees to comply with the FAR clauses in this paragraph (b) which the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components: [Contracting Officer shall check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.219-3, Notice of Total HUBZone Small Business Set-Aside (Jan 1999). ___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 1999) (if the offeror elects to waive the preference, it shall so indicate in its offer). ___ (4)(i) 52.219-5, Very Small Business Set-Aside (Pub. L. 103-403, section 304, Small Business Reauthorization and Amendments Act of 1994). ___ (ii) Alternate I to 52.219-5. ___ (iii) Alternate II to 52.219-5. _X__ (5) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637 (d)(2) and (3)). ___ (6) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)). ___ (7) 52.219-14, Limitations on Subcontracting (15 U.S.C. 637(a)(14)). ___ (8)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). (ii)___ Alternate I of 52.219-23. ___ (9) 52.219-25, Small Disadvantaged Business Participation Program -- Disadvantaged Status and Reporting (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (10) 52.219-26, Small Disadvantaged Business Participation Program -- Incentive Subcontracting (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __X_ (11) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) __X_ (12) 52.222-26, Equal Opportunity (E.O. 11246). __X_ (13) 52.222-35, AffirmativeAction for Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212). __X_ (14) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793). __X_ (15) 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212). ___ (16) 52.225-1, Buy American Act -- Balance of Payments Program -- Supplies (41 U.S.C. 10a -- 10d). __X_ (17)(i) 52.225-3, Buy American Act -- North American Free Trade Agreement -- Israeli Trade Act -- Balance of Payments Program(41 U.S.C. 10a -- 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note). ___ (ii) Alternate I of 52.225-3. ___ (iii) Alternate II of 52.225-3. ___ (18) 52.225-5, Trade Agreements (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __X_ (19) 52.225-15, Sanctioned European Union Country End Products (E.O. 12849). ___ (20) 52.225-16, Sanctioned European Union Country Services (E.O. 12849). ___ (21) [Reserved] __X_ (22) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (31U.S.C. 3332). ___ (23) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (31 U.S.C. 332). ___ (24) 52.232-36, Payment by Third Party (31 U.S.C. 332). ___ (25) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a). ___ (26) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 1241). (c) The Contractor agrees to comply with the FAR clauses in this paragraph (c), applicable to commercial services, which the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreement (CBA) (41 U.S.C. 351, et seq.). ___ (6) 52.222-50, Nondisplacement of Qualified Workers (Executive Order 12933). (d) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to include any FAR clause, other than those listed below (and as may be required by an addenda to this paragraph to establish the reasonableness of prices under Part 15), in a subcontract for commercial items or commercial components -- (1) 52.222-26, Equal Opportunity (E.O. 11246); (2) 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212); (3) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793); and (4) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (46 U.S.C. 1241) (flow down not required for subcontracts awarded beginning May 1, 1996). (End of clause) Companies shall provide the information stated in the synopsis/RFQ posted on the NASA Acquisition Internet Service (NAIS) on Friday, June 9,2000. Documents related to this procurement are available over the Internet and are in Microsoft Office Suite (Word 6.0, Excel 5.0, or PowerPoint 4.0) format and reside on the World Wide Web (WWW) server which may be accessed using a WWW browser application. The Internet site, or URL, for the NASA/KSC Business Opportunities home page is http://nais.msfc.nasa.gov/cgi-bin/EPS/bizops.cgi?gr=CL&pin=76 Posted 06/05/00 (D-SN461526). (0157)

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