1333MF24Q0053 (25).pdf

1333MF24Q0053

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

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 services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

04/19/2024 143060-24-0017

1 51

601 EAST 12TH STREET SUITE 1746

KANSAS CITY MO 64106

NMFS Field Delegates Multiple

NOAA FISHERIES, ALASKA REGION

P.O. BOX 21668

JUNEAU

AK 99802-1668

AMY GILLILAND

04/30/2024 1200 CD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(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

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

Working Copy

1333MF24Q0053 BASE

Section II - Supplies or Services and Price/Costs Section IX - Contract Clauses

Section II - Supplies or Services and Price/Costs

CLIN List

Item Number Description QuantityUnit Unit Price Amount

CONTENTS OF A BID PACKAGE

Offerors are to return the following information:

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) and #2 below.

Pages 3-8 (enter “UNIT PRICING” IN THE RATE COLUMN for each MATERIAL STATED ON THE “RATE SHEET BASED ON APPENDIX A” or submit a quote on Vendor letterhead in accordance with FAR 52.212-1, Instructions to Offerors - -Commercial Products and Commercial Services (MAR

2023) THAT INCLUDES ALL THE STATED HAZARDOUS

MATERIALS AND APPLICABLE RATES. QUOTES MUST

INCLUDE PER unit pricing for removal & disposal for each instance 1-22 and for each year (Base and 4 options).

Vendors must provide pricing for all five years to be considered for award as the government intends to issue a five-year award, Base year with four (4) option years with Not-to-exceed Line items (CLINS).

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.

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

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

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

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)

As required return responses and documentation in accordance with clauses and provisions “52.212-3

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-

Item Number Description QuantityUnit Unit Price Amount

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(Deviation 2023-03)(DEC 2022).

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.

In order to be considered for award you must submit a complete package in accordance with the requirements listed above and stated in the SF30. If you do not submit all of the required items you may be considered non-compliant.

Except when it is determined in accordance with FAR 17.206(b) not to be in the government’s best interests, the Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR clause 52.217-8, Option to Extend Services and 52.217-6 Option for Increased Quantity (no more than 8% per year), which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s).

Base Year - Professional Services for Coded Wire Tagging Salmon Database. Date of Award to February 28, 2025 Award Type: Firm-fixed-price Product/Service Code: DA01 Requisition No: 143060-24-0017

Option Year 1: May 1, 2025 - April 30, 2026 Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: DA01

Option Year 2: May 1, 2026 - April 30, 2027 Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: DA01

Option Year 3: May 1, 2027 - April 30, 2028 Award Type: Firm-fixed-price

(Option Line Item)

Item Number Description QuantityUnit Unit Price Amount

Product/Service Code: DA01

Option Year 4: May 1, 2028 - April 30, 2029 Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: DA01

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

52.204-7 System for Award Management. (OCT 2018)

52.204-26 Covered Telecommunications Equipment or Services- Representation. (OCT 2020)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

52.232-18 Availability of Funds. (APR 1984) 1352.201-70 Contracting Officer's Authority. (MAR 2010) 1352.209-73 Compliance with the laws. (APR 2010) 1352.209-74 Organizational conflict of interest. (APR 2010)

1 Utilization of FedConnect for Contract Administration

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

(End)

Statement of Work Statement of Work

STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NOAA Fisheries) Sustainable Fisheries Division (SFD) Professional Services for Coded Wire Tag Database 143060-24-0017

I. Background/Overview:

The Alaska Regional Office of the National Marine Fisheries Service (NOAA Fisheries) seeks to develop a 2024 database of all coded wire tagged (CWT) release groups of West Coast salmon and their status as originating from evolutionarily significant units (ESUs) listed under the Endangered Species Act (ESA).

NOAA Fisheries = may choose additional annual database development for 2025 through 2028, as annual option items. Beginning in 2006, the North Pacific Fishery Management Council (NPFMC) and NOAA Fisheries, Alaska Region have utilized contracted services to annually develop a database of Coded Wire Tag (CWT) information. The database allows NOAA Fisheries staff to summarize any high seas CWT recoveries in federally-managed Gulf of Alaska (GOA) and Bering Sea and Aleutian Islands (BSAI) groundfish fisheries that originate from ESA-listed ESUs. This information is necessary for NOAA Fisheries Alaska Region to meet its obligations with the NMFS West Coast Region regarding ESA Section 7 Consultation.

The initial iteration of the CWT database included all CWT release groups of West Coast salmon and steelhead downloaded from the Pacific States Marine Fisheries Commission (PSMFC) Regional Mark Information System (RMIS) and their status as originating from within ESA-listed ESUs as determined by NOAA Fisheries.

In 2016 the CWT database contractor undertook a two-phase quality control (QC) review of the annual process for creating the CWT database to improve consistency and accuracy. Phase I included determining, collating, and articulating the relevant information required for assigning ESA-listed status to CWT release groups, and then applying the QC protocol to the most recently developed database to ensure internal accuracy and consistency. Phase II involved developing a new CWT database with the most recent release records in the RMIS database. Annual updates of this database have been completed by a contractor through 2023.

II. Scope of Work This contract is for one job of professional services to develop a CWT database based on regulations in the current and past Code of Federal Regulations (CFR) regarding ESA, new CWT release groups, and any updated information on previously reported CWT release groups with options for database development in additional years.

III. Requirements and Tasks The contractor shall accomplish the assigned work by employing qualified personnel with appropriate combinations of education, knowledge, and experience. Contractor personnel shall have the demonstrated experience with the software, and appropriate development language, as well as the necessary experience and education in fisheries science to fulfill project requirements. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract. It is anticipated that this project will utilize a database and GIS analyst and at least one qualified fisheries scientist. Review and interpretation of current and past CFR regarding ESA regulations relevant to West Coast salmonid populations require specialized fisheries science expertise.

Also, gathering information for the 13 additional fields in the database (Task 3) may require expert review and interpretation of hatchery program documents. Fisheries knowledge in the areas of Pacific salmon life history, salmon genetics (for determining broodstock origin), salmon ecology, ESA regulations specific to West Coast salmonids, etc. is essential.

Task 1 - Regulatory Review:

The contractor shall conduct a review of Federal regulations contained in current and past CFR for regulatory actions related to ESA-listed ESU membership. This review will be specific to ESA regulations relevant for West Coast salmonid populations (i.e. Chinook (Oncorhynchus tshawytscha), chum (O.

keta), coho (O. kisutch), sockeye (O. nerka), and steelhead (O. mykiss) that originated from Washington, Oregon, Idaho, and California). Critical review will require determination from current and past CFR geographic boundaries of ESA-listed ESUs, listing dates, specific inclusions or exclusions, run time specifications, etc.

ESA regulatory text indicates that ESA-listed ESU membership for fish released by hatchery programs is primarily determined by juvenile release location. This protocol will continue to be used to determine ESA protection status and ESU membership based on release location for groups of coded-wire tagged fish. The results of this regulatory review will be documented within the annual report provided by the contractor. An example report format will be provided to the contractor.

Task 2 - Download and evaluate CWT release records from RMIS for 2024, and possibly in 2025 through 2028 as option items:

The PSMFC maintains and continuously updates the public facing RMIS database (https://www.rmpc.org/). The RMIS database contains all CWT release, catch sample, and recovery data for Pacific salmonids in the Pacific Ocean Region. The contractor will download all RMIS records of release groups of tagged West Coast salmonids. All RMIS records must be downloaded annually since records are continually updated/corrected, because ESA status of a release group may change from one year to the next, and because CWTs from sampled salmon can arrive several years after the year of capture, requiring retrospective analysis. Based on the regulatory review described above, the contractor will determine geographic boundaries of ESA-listed ESUs. To maintain consistency with previous contracted work, the contractor will compile GIS shapefiles that delineate ESU geographic boundaries. The shapefiles will allow for consistent and reliable determination of whether a CWT release group falls within the geographic boundary of an ESU.

Task 3 - Develop a new database of all CWT release groups in the current RMIS:

The contractor will develop a new database of all CWT release records in the most current RMIS. The database shall contain all of the existing fields and their values downloaded from RMIS, in addition to new fields for which the contractor shall populate with values. The information for the additional fields is not in RMIS and shall be gathered separately by the successful contractor. The 13 additional fields are the following:

1. Did the release group originate within the geographic boundaries of an ESU listed under the ESA as of

MM/DD/YYYY (Y/N)?

2. Did the release group return to spawn prior to listing of the ESU under the ESA (Y/N)?

3. Does the release group qualify as an ESA listed group (Y/N)?

4. Name of the ESU in which the group originated

5. Based on the location of stock origin, did the release group originate within the geographic boundaries of an ESU listed under the ESA as of MM/DD/YYYY (Y/N)?

6. Based on the location of stock origin, did the release group return to spawn prior to listing of the ESU under the ESA (Y/N)?

7. Based on the location of stock origin, does the release group qualify as an ESA listed group (Y/N)?

8. Alternate name of the ESU in which the group originated

9. Based on the location of hatchery rearing, did the release group originate within the geographic boundaries of an ESU listed under the ESA as of MM/DD/YYYY (Y/N)?

10. Based on the location of hatchery rearing, did the release group return to spawn prior to listing of the ESU under the ESA (Y/N)?

11. Based on the location of hatchery rearing, does the release group qualify as an ESA listed group (Y/N)?

12. Alternate name of the ESU in which the group originated

13. Would ESU membership be different based on location of stock origin, hatchery rearing, or juvenile release (Y/N)?

Note that “MM/DD/YYYY” represents the date the CWT release records are downloaded from RMIS.

The database is written in Microsoft Access, version 2016.

Task 4 – Reporting:

The successful contractor shall prepare a report for each annual CWT database. This report will, at a minimum, provide a description of methods used in determining ESA protection for CWT release groups and a description of the newly developed CWT database of release groups.

The contractor shall successfully integrate and coordinate with the NOAA Fisheries Project Lead, on an ongoing basis. The contractor shall provide corrective action plans, proposal submittals, and timely identification of issues. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

IV. Period of Performance Period of performance for the base contract term is 12 months from the Date of Award (DOA), to develop a new CWT database from records downloaded from RMIS in 2024. Task 3 and Task 4 deliverables will be due by September 15, 2024.

Option years are as follows:

Option Year 1: Develop a new CWT database from records downloaded from RMIS in 2025.

Performance period is 12 months, dates to be determined after DOA is known. Task 3 and Task 4 deliverables are due by June 30, 2025, and likely on this date for each subsequent option year.

Option Year 2: Develop a new CWT database from records downloaded from RMIS in 2026 - Performance period is 12 months, dates to be determined after DOA is known.

Option Year 3: Develop a new CWT database from records downloaded from RMIS in 2027 - Performance period is 12 months, dates to be determined after DOA is known.

Option Year 4: Develop a new CWT database from records downloaded from RMIS in 2028 - Performance period is 12 months, dates to be determined after DOA is known.

Contractors have the general discretion to set work hours and schedules, including observed holidays.

Contractors will not be required to work Federal holidays, as follows:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by a President's Proclamation

It is understood and agreed between the U.S. Government and the contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement to compensation except as set forth within the contract. If a contractor believes that an unplanned absence has an impact on the price or period of performance, it should notify the contracting officer (CO) of the changed condition and submit a claim for equitable adjustment (see FAR 52.233-1).

Nothing in this section abrogates the rights and responsibilities of the parties relating to "stop work" provisions as cited in other sections of this contract.

V. Place of Performance Accomplishment of the results contained in this Performance Work Statement requires 100% of the work to be completed at the contractor’s office at the discretion of the contractor. Work hours are generally at the discretion of the contractor; however, the contractor will maintain a point of contact during core NOAA Fisheries Alaska Region business hours Monday-Friday, 9:00am to 3:00pm Alaska Time.

The contractor shall make necessary staff available for progress reports and/or quality control evaluations at the request of the NOAA Fisheries technical lead.

VI. Deliverables There are four deliverables under this contract:

1. Kickoff meeting: A kickoff meeting will be held, via conference call, with the Project Lead at a mutually agreed upon time and within 10 days of award.

2. A new version of the CWT database for 2024, and for 2025 through 2028 as annual option items. The contractor shall provide the 2024 CWT database in Microsoft Access, with compatibility to version 2016, via e-mail as well as required reports in Adobe pdfs, also via e-mail. If NOAA Fisheries Alaska Region chooses to exercise the option items, the contractor will provide the 2025, 2026, 2027 and 2028 CWT databases in Microsoft Access via e-mail as well as required reports in Adobe pdfs, also via e-mail. The CWT database is due by September 15, 2024 and on June 30 in each subsequent option year. Once delivered, the database and report products will be U.S. Government property.

3. Monthly progress reports to the task manager and Contracting Officer’s Representative.

4. Annual reports describing relevant methods and findings and summary of the new CWT records in Adobe pdf format delivered via e-mail.

VII. Government-Furnished Resources The government will furnish a copy of the 2023 CWT database and final report as well as technical memoranda, and annual reports documenting CWT database development methods and results. No other government-furnished resources will be provided for this contract.

VIII. Travel, and Training

a. Training: Contractors are required to complete all NOAA mandated training such as IT security training.

b. Travel: Travel is not expected or authorized for this task order.

IX. Security Requirements This project is considered low risk, and Contractor staff must be suited for public trust classification.

Background investigations are required for all contractor staff proposed for this project, and must be completed prior to beginning work.

X. Special Requirements

a. Confidentiality and Data Privacy This contract may require that services contractors have access to Privacy Information. Services 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. Section 508 Compliance Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L. 105-220 under Title IV (Rehabilitation Act Amendments of 1998), all Electronic and Information Technology (EIT) developed, procured, maintained and/or used under this contract shall be in compliance with the “Electronic and Information Technology Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194.

The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov.

XI. Inclusion of Clause 52.217-8 Inclusion of FAR clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government as outlined at FAR 37.111, Extension of Services. The option will be exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise.

XII. Required Knowledge and Experience:

The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. Contractor personnel shall have the following minimum qualifications:

¿ Minimum Experience (Database and GIS Analyst): Three years of technical experience in database management, modeling, or statistical analysis. Recent experience should include relational database design in Microsoft Access and the design of shapefiles in GIS software for delineating ESU geographic boundaries.

¿ Minimum Education (Database and GIS Analyst) BA/BS degree in Computer Science or Information

Technology, Environmental Science or equivalent education and experience.

¿ Minimum Experience (Fisheries Scientist): Three years of expertise in fisheries science and/or management specific to the West Coast of the United States ESA-listed salmon and steelhead species.

¿ Minimum Education (Fisheries Scientist): BA/BS degree in fisheries science and/or marine resource management specific to ESA-listed salmon and steelhead species ¿ Experience with using the Pacific States Marine Fisheries Commission (PSMFC) Regional Mark Information System (RMIS) CWT database ¿ Demonstrated experience with analysis of artificial propagation programs included within listed ESUs as determined by NMFS.

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:

Technical Evaluation Factors:

Factor 1--TECHNICAL APPROACH. The quotation will be evaluated on how the offeror intends to organize, staff and manage the contract and the means that will be used to accomplish the contract requirements. The degree to which the quotation demonstrates an understanding of the requirements will be evaluated, as well as the offeror's planned management of consultants and subcontractors, if applicable.

Factor 2--EXPERIENCE. The offeror's background, experience, and qualifications will be assessed to determine the likelihood that that offeror can successfully perform the contract requirements and the degree of the risk of non-performance. Offer shall describe the contractor’s experience meeting the requirements shown in the above sections: Scope of Work and Required Knowledge and Experience.

Provide resumes for key personnel that will be assigned to work on the contract.

Factor 3--PAST PERFORMANCE. The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, effective management of subcontractors, cost management, level of communication between the contracting parties, proactive management and customer satisfaction.

¿ Offeror shall provide at least three (3) past performance references. Provide name, address, phone number, and description of the project.

If a quoter has no relevant past performance, the quoter must affirmatively state that it possesses no relevant past performance history. Offerors who fail to either provide past performance information or affirmatively state that they have none, may be considered as non-compliant to the solicitation.

Factor 4 - COST/PRICE. The proposed prices/costs will be evaluated. The cost evaluation will determine whether the proposed costs are realistic, complete, and reasonable in relation to the solicitation requirements.

XIV. CONTRACTORS INVOICE

Per NAM 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2023) The Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

"Payment request" means any request for contract financing payment or invoice payment to the Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR 52.232-25(a)(3), FAR 52.232-26(a)(2), FAR 52.232-27(a)(2)).

The Contractor must include the following documents as attachments to payment requests submitted through the IPP: All reports as required in the deliverables should be submitted with the invoices.

If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing. Contact the Contracting Officer for more information about requesting an exception. (End of Clause)

FAR 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 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)

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures.

(DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (FEB 2024)

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.

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 (SDVOSB) concern means a small business concern-

(1)(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that-

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

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 124.1001, 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 the threshold at 13 CFR 124.104(c)(2) 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 and controlled 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 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(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,…