1333MF23QNFFN0056 SF18 23-452.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

c. CITY

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

NF-FN7110-23-02976 NF-FN7110-23-029761333MF23QNFFN0056

OFFICE OF MANAGEMENT & BUDGET

1315 EASTWEST HWY

/F/MB SSMC3 RM 14451

SILVER SPRING MD 20910

SHAWANA RANDOLPH

SHAWANA.RANDOLPH@NOAA.GOV

Please See Continuation Page for Line Item Details

727 249-5977 PANAMA CITY BRANCH /F/SEC11

NMFS 3500 DELWOOD BEACH RD

PANAMA CITY

32408-7499FL

SEP 01, 2023

SEP 30, 2024

FN711023

Attachment Page

PAGE 2 OF 35 1333MF23QNFFN0056

CONTENTS OF A BID PACKAGE

Offerors are to return the following information:

1) Page 1 (complete blocks 12-16) or submit a quote on Vendor letterhead in accordance with FAR 52.212-1, Instructions to Offerors --Commercial Products and Commercial Services (MAR 2023)

2) Page 3 (enter “Unit Price” and “Amount” for each applicable line item) or submit a quote on Vendor letterhead in accordance with FAR 52.212-1, Instructions to Offerors --Commercial Products and Commercial Services (MAR 2023). Vendors who choose to return a quote on their company letterhead must provide a statement that they accept the terms and conditions as outlined in the solicitation and as set forth by the government.

3) Provide an email address and phone number where you can be reached for future correspondence or provide the same information on quote: ________________________________________________

4) Provide your registered SAM.GOV Unique Entity ID number on the line or include on quote:

5) Provide your SAM.GOV CAGE number on the line or include on quote: _____________________________

6) Vendor shall provide your WILL or WILL NOT Statement per 52.204-24 (NOV 2021) UNLESS your Reps and Certs have been updated in SAM per 52.204-26 (OCT 2020)

7) As required, return responses and documentation in accordance with clauses and provisions “52.212-3 OFFEROR

REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (Deviation 2023-03)(DEC 2022).

8) Provide all documentation required to fulfill the SOW requirements and the Evaluation Factor requirements as further explained in the “Evaluation Factors” section of the Statement of Work and Combined Synopsis Solicitation.

In order to be considered for award you must submit a complete package in accordance with the requirements listed above and stated in the solicitation package. If you do not submit all of the required items you may be considered non-compliant.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 NON-PERSONAL SERVICES IN ACCORDANCE

WITH (IAW) SOW, perform high quality radiocarbon measurements from fish otoliths (carbonate) and fish eye lens cores (organic carbon) using an accelerator mass spectrometer and an isotope mass spectrometer.

135.00 EA

0002 Non-personal services, IAW SOW, perform high quality stable isotope carbon measurements from fish otoliths (carbonate) and fish eye lens cores (organic carbon) using an accelerator mass spectrometer and an isotope mass spectrometer.

135.00 EA

PAGE 3 OF 35 1333MF23QNFFN0056

Table of Contents

Statement of Work

Attachment 2

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

52.212-4CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

52.204-24REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

52.204-26COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC

2022)

52.212-5CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-5AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

52.252-6AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

1352.233-70 AGENCY PROTESTS (APR 2010)

1330-52.203-70SCIENTIFIC INTEGRITY AND RESEARCH MISCONDUCT

1330-52.222-70NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE POLICY (MAY 2018)... 30

1330-52.232-72NOAA Transition to the Invoice Processing Platform Electronic Invoicing System (Feb 2023) 33

1330-52.237-70CONTRACTOR COMMUNICATIONS

1330-52.237-71NOAA GOVERNMENT-CONTRACTOR RELATIONS - NON-PERSONAL SERVICES CONTRACT (SEPT 2017)

1330-52.243-70REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

1330-52.270-304NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2022)

PAGE 4 OF 35 1333MF23QNFFN0056

CLAUSES

Statement of Work

PAGE 5 OF 35 1333MF23QNFFN0056

STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA)

NOAA FISHERIES

SEFSC, Panama City, FATES Division, Biology & Life History Program

Bomb radiocarbon analysis of fish otoliths and fish eye lenses to validate age estimates

NF-FN7110-23-02976

I. Background/Overview:

Bomb radiocarbon is a unique application that can be used in the age validation of fishes (Campana 2001). The approach relies on a conserved record of the rapid increase in radiocarbon that occurred in the oceans of the world as a result of atmospheric testing of thermonuclear devices in the 1950s and 1960s (Broecker and Peng 1982). The uptake of bomb-produced radiocarbon by the marine environment, reported as delta carbon-14 (Δ 14 C) in reference to an established pre-nuclear radiocarbon record (Stuiver and Polach 1977), was virtually synchronous in the mixed layer of mid-latitude oceans and this signal was first recorded from marine carbonates in hermatypic corals (Knutson and Buddemeier 1973; Nozaki et al. 1978;

Druffel and Linick 1978). Since that time, a number of bomb-radiocarbon records have been recovered from shallow-water corals in all major tropical ocean basins, providing a detailed record of regional rates of bomb-radiocarbon input and subsequent decay in tropical/sub-tropical ocean basins (Grottoli and Eakin 2007; Moyer and Grottoli 2011). This time-specific signal provides a reference period that can be used to validate age estimates.

Applications to fishes began with an innovative comparison of Δ 14 C values recorded in otolith carbonate relative to regional Δ 14 C records from hermatypic corals (Kalish 1993). Measured Δ 14 C levels can provide an independent determination of age for corroboration of ages estimated from counts of growth zones in otoliths (Campana 1997; Kalish et al. 2001). Bomb radiocarbon dating has been successfully applied as an age validation tool in numerous teleost ageing studies using otoliths (e.g. Ewing et al. 2007; Neilson and Campana 2008). In the tropical and subtropical regions there have been successes that continue to expand the utility of the technique (e.g., Ishihara et al. 2017; DeMartini et al. 2017), some of which were performed on fishes of the Gulf of Mexico (red snapper, Baker and Wilson 2001 and Barnett et al. 2018; gray snapper, Fischer et al. 2005; yellowedge grouper, Cook et al. 2009; speckled hind, Andrews et

al. 2013; Warsaw grouper, Barnett et al. 2020; vermilion snapper, Chamberlin et al. 2023). The collective coral ∆ 14 C records from the Caribbean and GOM provide a continuous reference that covers a period ranging from well before the bomb radiocarbon pulse to well after the bomb radiocarbon peak, and ending in 2004 during the decline period. Typically, the application is used for fish with birth years in the informative period of rising Δ 14 C (between approximately 1958 and 1968, depending on the region), and results can be diagnostic of age determinations and as a test of age estimation procedures (Campana 2001). However, since it is getting more difficult to find samples with birth years in the 1958 – 1968 time period, as well as the fact that some species are shorter-lived (< 20 years), application of the decline period (post-1980s) has provided a new, successful tool for validating age estimates. The linear decline in regional coral Δ 14 C and known-age red snapper otolith Δ 14 C from 1980 to 2015 has been successfully applied in extending the utility of the bomb 14 C chronometer to validate ageing of marine fishes to more recent decades (Barnett et al. 2018). Indeed, application of the decline ∆ 14 C reference has shown to be successful for red snapper (Barnett et al. 2018), speckled hind (Andrews et al. 2013), Warsaw grouper (Barnett et al. 2020), and vermilion snapper (Chamberlin et al. 2023).

PAGE 6 OF 35 1333MF23QNFFN0056

More recently, eye lens core Δ 14 C was compared and tested to otolith Δ 14 C to determine if eye lens cores could be used as an alternative structure to validate age estimates of marine fishes (Patterson et al. 2021). Results from Patterson et al. (2021) demonstrated that eye lens core Δ 14 C can be used to validate age estimates, and this novel application has since been shown to have applicability for deepwater species (Chamberlin et al. 2023; Patterson and Chamberlin, 2023), which has direct applicability to the three species identified below in this solicitation.

Validated age estimates are needed to provide an accurate basis for estimating life history parameters, such as growth, mortality, maturity functions, and longevity. In particular, accurate estimates of longevity are crucial for determining natural mortality, one of the most influential stock assessment parameters (Then et al. 2015). Bomb radiocarbon provides a direct validation method that can be used to validate age estimates and longevity, which are fundamental to age-structured stock assessment models.

The samples that will be submitted for Δ 14 C and δ 13 C analyses will be used to validate fish age estimates for each of these species using bomb radiocarbon (Δ 14 C). Results from this study will provide validated age data for a range of observed age estimates and will determine if current ageing methods are accurate. These age data will be used to provide an accurate basis for describing age estimates, longevity, as well as age estimate precision; all of which are essential for routine age estimation and as data inputs in stock assessment models.

II. Scope of Work

The contractor shall perform high-quality radiocarbon ( 14 C) and stable isotope carbon ( 13 C) measurements from fish otoliths (carbonate) and fish eye lens cores (organic) removed from blueline tilefish ( Caulolatilus microps ), golden tilefish ( Lopholatilus chamaeleonticeps ), and snowy grouper ( Hyporthodus niveatus ) collected from the U.S. waters of the South Atlantic Ocean (δ 13 C). The government will provide the contractor with the samples.

III. Tasks

The contractor shall perform the following for 45 blueline tilefish, 45 golden tilefish, and 45 snowy grouper:

● Perform 135 total high-quality radiocarbon ( 14 C) and 135 total stable isotope carbon ( 13 C) measurements (reported as Δ 14 C and δ 13 C, respectively) from fish otoliths (carbonate) and fish eye lens cores (organic carbon) using an accelerator mass spectrometer ( 14 C) and an isotope mass spectrometer ( 13 C).

● Provide analytical results (reported as Δ 14 C and δ 13 C) in an Excel spreadsheet.

IV. Period of Performance

The period of performance is 09/30/2023 through 09/29/2024.

PAGE 7 OF 35 1333MF23QNFFN0056

V. Place of Performance

Work shall be conducted at the Contractors facility

VI. Deliverable Schedule

All Deliverables will be delivered to Project Lead upon completion.

Delivera ble

Description Quantity/Media Completion Due Date

1 Government will provide fish otolith material and fish eye lens cores for radiocarbon and stable isotope carbon measurements

45 blueline tilefish 45 golden tilefish 45 snowy grouper

31-05-2024

2 Radiocarbon ( 14 C, reported as Δ 14 C) and stable isotope carbon ( 13 C, reported as δ 13 C) measurements from fish otoliths and fish eye lenses

45 blueline tilefish 45 golden tilefish 45 snowy grouper

29-09-2024

3 Emailed Excel spreadsheet of Analytical results of Δ 14 C and δ 13 C values

45 blueline tilefish 45 golden tilefish 45 snowy grouper

29-09-2024

VII. Government-Furnished Resources

The Government will provide all fish otolith material and fish eye lens cores to the Contractor for work required under this contract.

Services Contractor will work primarily: ☐ On-Site ✔ Off-Site Services Contractor requires access to NOAA facilities:

☐ Required ✔ Not Required

Services Contractor requires a PIV or CAC: ☐ Required ✔ Not Required Services Contractor requires a NOAA email address: ☐ Required ✔ Not Required Services Contractor requires use of DOC-Owned IT equipment (laptop or desktop computer)

☐ Required ✔ Not Required

Services Contractor requires non-Government IT equipment to connect to a DOC network:

☐ Required ✔ Not Required

Services Contractor requires access to non-public DOC/NOAA data:

☐ Required ✔ Not Required

PAGE 8 OF 35 1333MF23QNFFN0056

Services Contractor will be provided on-site office space with incidental Government Property (desk, chair, phone, and other similar equipment that remains onsite, per FAR 45.000 (5)

☐ Provided ✔ Not Provided

For Services Contractors doing laboratory work, the government will provide typical lab supplies and equipment for use:

☐ Provided ✔ Not Provided

Description of other access or equipment requirements not already addressed above:

N/A

VIII. Security Requirements

Not applicable

IX. Applicable Standards

Not applicable

X. Special Requirements

a. Confidentiality and Data Privacy

This contract may require that services contractors have access to Privacy Information. Service contractors are responsible for maintaining confidentiality of all subjects and materials and may be required to sign and adhere to a Non-disclosure Agreement (NDA).

b. Intellectual Property Rights

All deliverables are the property of the U.S. Government. All documents, analyses, files (digital or other), reports, notes and photos are to be used only by Contractor personnel assigned to this purchase order. Documents, files and other data are to be stored exclusively on Government owned equipment and at no point should be saved or archived on personal drives or devices.

Copies are not to be disseminated to anyone outside of the NMFS or to any other contractor personnel without explicit release from the Government.

c. IT Security

The contractor will not require access to Federal Buildings, DOC Systems and does not include an IT component.

d. Section 508 Compliance

Not applicable.

XI. Inclusion of Clause 52.217-8

PAGE 9 OF 35 1333MF23QNFFN0056

Inclusion of FAR clause 52.217-8, Option to Extend Services, is for use by the Government as outlined at FAR 37.111, Extension of Services. If an option is included, it will be exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise. Evaluation of options will not obligate the Government to exercise the option(s).

XII. Required Knowledge and Experience:

The contractor must have extensive experience analyzing radiocarbon ( 14 C, reported as Δ 14 C) and stable isotope carbon ( 13 C, reported as δ 13 C) from fish otolith material and organic carbon samples.

Since some of these otoliths may be small and fragile, the solicited vendor must have the ability to process and analyze small samples (i.e., small mass of 2-9 µmol C) for Δ 14 C and δ 13 C measurements.

XIII. Evaluation Factors:

The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The following factors will be used to evaluate quotations:

Factor 1-- TECHNICAL APPROACH . The offeror must have a specific plan as to how the offeror intends to accomplish the goals of the contract, including the ability to process small samples (i.e., 2-9 µmol C) using traditional graphitization. All results should be reported as Δ 14 C and δ 13 C.

Factor 2— EXPERIENCE. The offeror must have extensive (>20 years) experience in radiocarbon ( 14 C) and stable isotope carbon ( 13 C) measurements.

Factor 3 - COST/PRICE. The proposed prices/costs will be evaluated to determine if costs are reasonable in relation to the solicitation requirements of the contract.

XIV. Project Lead:

Provided at time of award

XV. Contractor's invoice

The Contractor shall prepare and submit invoices to MB.Invoices@noaa.gov with a courtesy copy to jenny.morales@noaa.gov unless Clause 1330-52.232-72 NOAA Transition to the Invoice Processing Platform Electronic Invoicing System (Feb 2023) and Attachment 2 applies. Invoices can be submitted monthly in arrears for work completed and the government has made acceptance. Any invoices submitted prior to this will be returned to the vendor as unacceptable.

The Government will take into account untimely notification when computing any interest penalty owed the Contractor. Terms are Net 30. Please do not seek payment information until the 30 days have passed from acceptance. NOAA does make every attempt to make prompt payments.

PAGE 10 OF 35 1333MF23QNFFN0056

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading

(vi) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(vii) Any other information or documentation required by the contract (e.g., evidence of shipment, Bill of Lading (BOL) invoice showing exact charges if freight exceeds $100. The government will only pay exact costs for freight when the charge exceeds $100, must be supported by airway or BOL invoice)

(viii) Upon completion of the services under this purchase order, the Vendor shall submit their final invoice. The final invoice must include the words “FINAL INVOICE.” Upon receipt of the final invoice and Government acceptance of the invoice and deliverables, the Government will process the final invoice for payment and commence closeout procedures.

Attachment 2

PAGE 11 OF 35 1333MF23QNFFN0056

AA 23-03 Attachment 2 NOAA IPP Implementation Notice

To NOAA Contractors

Subject: NOAA Transition to the Invoice Processing Platform Electronic Invoicing System

Effective October 1, 2023, the National Oceanic and Atmospheric Administration (NOAA) willtransition contractor payment requests to an electronic invoicing system. The Invoice Processing Platform (IPP) is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). The IPP is available at no cost to commercial vendors and independent contractors doing business with NOAA. The IPP website address is https://www.ipp.gov.

Action to take:

If you are already enrolled in the IPP:

If your company is already registered to use the IPP, you will not be required to re-register. Upon implementation of NOAA’s Business Applications Solution, invoices for the identified contract(s) must be submitted electronically through the IPP system.

If you are NOT already enrolled in the IPP:

If your company is not registered to use the IPP, when NOAA initiates the enrollment process, your point of contact in SAM.gov will receive registration instructions via email from ipp.noreply@mail.eroc.twai.gov. Please add ipp.noreply@mail.eroc.twai.gov to your address book so you do not disregard these instructions or mistake them for spam.

You will receive two emails from the IPP Customer Support:

● The first email will contain an initial administrative IPP User ID.

● The second email will contain a temporary password. Vendors must log in with the temporary password within 30 days.

Contractors can create additional user accounts, including administrators, after initial login. Registration is complete when the initial administrative user logs into the IPP website using the initial administrative IPP User ID and temporary password and accepts the rules of behavior.

Vendor Training

Vendor training materials, including a first-time login tutorial, are available on the IPP.gov website. After logging in to the IPP application, users can access guides with step-by-step instructions for all IPP capabilities, including creating and submitting invoices and setting up email notifications. Monthly live webinars provide a great opportunity to learn system basics and ask the IPP team questions about the application.

Additional Support

For assistance with the application, IPP users can call the IPP Customer Support team at

(866) 973-3131, Monday through Friday from 8:00 a.m. to 6:00 p.m. Eastern Time, or send an email to IPPCustomerSupport@fiscal.treasury.gov. Vendors can also find answers to frequently asked questions on the Vendor FAQ page of the IPP.gov website.

AA 23-03 Attachment 2 Page 1 of 1

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(Reference 52.204-7)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

(Reference 52.204-16)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(Reference 52.204-18)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) (Reference 52.212-1)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) (Reference 52.212-4)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010) (Reference 1352.201-70)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(Reference 1352.233-71)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

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 Products and Commercial Services. 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

PAGE 12 OF 35 1333MF23QNFFN0056

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)

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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 PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, 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.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

PAGE 14 OF 35 1333MF23QNFFN0056

"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 its field of operation, 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.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"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.

PAGE 15 OF 35 1333MF23QNFFN0056

"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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

"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.

(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 Products and Commercial Services, 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 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 for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [_] is, [_] is not a small business concern; or

(ii) It [_] is, [_] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(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--

(i) It [_] is, [_] is not a service-disabled veteran-owned small business concern; or

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(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.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [square] is, [square] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(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 identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

PAGE 16 OF 35 1333MF23QNFFN0056

(10) HUBZone 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--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1));

and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor(41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of…