19ES6024Q0088 - DESIGN AND IMPLEMENTATION OF A FRAUD OUTREACH CAMPAIGN.pdf
PDF 9 MB Posted
- Attached to
- 2024 Visa Fraud Prevention Campaign
- Solicitation number
- 19ES6024Q0088
About this file
This document is a Request for Quotation (RFQ) for a contractor to design and implement a media campaign to educate Salvadorans interested in temporary work visas (H-2 visas) in the United States on how to recognize fraudulent visa offers and the legitimate application process.
The U.S. Embassy San Salvador's Consular Section is seeking a contractor to implement this 3-month campaign from November 2024 - February 2025 with a budget of $100,000, including $10,000 for a post-campaign metrics and validation study. The campaign will target interested work visa applicants and the general public in three specific regions of the country, with a focus on working age adults. The contractor will use a mix of social, traditional, and in-person outreach to educate the target audience on the legitimate H-2 visa process and how to avoid scams. Campaign materials must promote the credibility of the U.S. Embassy as the sole authority for issuing visas. The RFQ provides details on the campaign objectives, target audience, scope of work, schedule, and required metrics for evaluating the campaign's effectiveness.
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Embassy of tlte United States of America
GSO/Procurement Office
Antiguo Cuscatlan, August 13, 2024.
To: Prospective Quote Subject: Request for Quotation No. 19ES6024Q0088
The Embassy of the United States of America has a requirement for a contractor to submit a quotation for r the Design and Implementation ofa Faud Outreach Campaign, as per described in Attachment A.
The Embassy plans to award a Purchase Order. You are encouraged to make your quotation competitive. You are also cautioned against any collusion with other potential offerors regarding price quotations to be submitted.
The RFQ does not commit the American Embassy to make any award. The Embassy may cancel this RFQ or any pai1 of it.
Please read the RFQ carefully and if you are interested, submit your proposal via e-mail to RengifoJM@state.gov, including the completed SF-18 by on or before 10:00 pm, local time, on September 13, 2024. No oral, partial, or late quotations will be accepted.
Enclosure: As Stated
Sincerely, LQ�\__�
Venkatesh Ramachandran
Contracting Officer
REQUEST FOR QUOTATIONS
(THIS JS NOT AN ORDER)
I THIS RFQ [ ) IS [x) IS NOT A SMALL BUSINESS-
SMALL PURCHASE SET-ASIDE (52.219-4)
I. REQUEST NO. I '· DATEJSSUED 13. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
19ES60-24-Q-0088 08//13/2023 PR12808907
UNDER BOSA REG. 2
AND/OR OMS REG. 1
SA. ISSUED BY General Services Office, American Embassy, 6. DELIVER BY (Date)
Blvd. y Urb. Santa Elena, Antiguo Cuscathin, El Salvador
SB. FOR INFORMATION CALL: (Name and telepho11e 110.) (No collect calls 7. DELIVERY
NAME TELEPHONE NUMBER FOB DESTINATION
PAGE
I
RATING
r
I PAG�
I 13 I
X OTHER (See Schedule)
I Janina de Rengifo
AREA CODE NUMBER
2501-2462
8. TO: 9. DESTINATION
a. NAME I b. COMPANY a. NAME OF CONSIGNEE
AMERICAN EMBASSY
c. STREET ADDRESS b. STREET ADDRESS
Blvd. y Urb. Santa Elena, Ant. Cuscatlan
d. CITY c. STATE f. ZIPCODE c. CITY
El Salvador
I
d. STA TE
I
e. ZIP CODE
10. PLEASE FURNISH QUOTATIONS TO THE IMPORTANT: This is a request for infonnation, and quotations furnished are not offers. If you are unable to quote, please so ISSUING OFFICE IN BLOCK SA ON OR indicate on this fonn and return it to the address in Block SA. This request does not commit the Government to pay any costs BEFORE CLOSE OF BUSINESS (Date) incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin
September 13, 2023, at 10:00 a.m. 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)
ITEM SUPPLIES/SER VICES QUANTIT UNIT UNIT PRICE AMOUNT
NO. (b) y (d) (e) (f)
(a) (c)
1 H-2 campaign, Pre-production, and advertising 1 Lump Sum US$ USSl00,000.00
Pre and post H&L campaign metrics and validation study
* AS PER ATTACHED SCOPE OF WORK *
USSI00,000.00
12 DISCOUNT FOR PROMPT PAYMENT a. l0 CALENDAR DAYS b. 20 c. 30 CALENDAR DAYS d. CALENDAR DAYS
CALENDA
1%
R DAYS NUMBER
NOTE: Additional provisions and representations [] are [ x ] are not attached.
13 NAME AND ADDRESS OF QUOTER 14 SIGNATURE OF PERSON AUTHORIZED TO IS DATEOF QUOTATION
SIGN QUOTATION
a. NAME OF QUOTER
b. STREET ADDRESS 16. SIGNER
C. COUNTY a. NAME (Type or print) b. TELEPHONE
d. CITY
I
c. STATE
I
f. ZIP CODE c. TITLE (Type or print) AREA CODE
NUMBER
STANDARD FORM 18
I
SCOPE OF WORK
2024 Visa Fraud Prevention Campaign Project Description
The U.S. Embassy San Salvador’s Consular Section seeks to design and implement a media campaign to educate Salvadorans interested in working temporarily in the
United States about how to recognize fraudulent U.S. temporary work visa offers (H-
2 visas) and inform them of the benefits and legitimate methods and sources on how to apply for a U.S. temporary work visa.
Areas of focus:
● Understand the legitimate H-2 visa recruitment and application process;
● Recognize the methods scammers use to attract interested workers like identifying fraudulent work visa offers.
Examples of methods used by scammers:
Promise victims work visas without the interested worker having a valid passport.
● Communicate solely through social media or WhatsApp chats falsely representing themselves as agents of the U.S. Embassy.
● Send victims QR codes leading them to false websites purporting to contain a worker’s “approved visa” in exchange for a fee.
● Send screen shots of the interested worker’s “approved visa” and a false U.S.
social security card in the worker’s name.
● Request large sums of money via bank transfers or remittances to continue with the process.
In contrast, the legitimate process:
● Requires a valid passport.
● Requires a contract with a legitimate U.S. company who is approved to hire foreign workers;
♦ A legitimate recruiter or employer is able to explain all aspects of the job, location, salary, and work time frame.
● Does not require any money from the applicant beyond possibly the $205 visa fee - which must be reimbursed by the U.S. employer upon starting work in the United States.
● Requires payment of the visa fee through official U.S. Embassy pay sites, not payment through bank transfers or to private parties.
The Consular Section aims to educate applicants on how to avoid becoming victims of fraud and ensure the H-2 temporary work visa program benefits the worker - not the scammers.
The campaign will be implemented over a three-month period from November 2024 -
February 2025.
Campaign Objective:
Educate applicants on the proper way to apply for a temporary work visa and make the U.S. Embassy’s H-2 Visa Hub webpage the first point of contact in an interested worker’s visa application process.
1.
Target Audience:
● Interested seasonal/temporary work visa applicants and the general public located in the three zones of the country: the Occidental zone with focus in Metapan city; the Central zone with focus in San Vicente city; and the Oriental zone with focus in Morazan.
● Focus will be on working age adults with special emphasis (approximately
70%) on those adults aged 31-55 and lesser emphasis (approximately 30%) on those adults aged 18-30.
Scope:
The contractor will be responsible for identifying the best mix of all media outreach sources (social, traditional, in-person outreach, and other) to convey the campaign message and best meet the campaign objectives. Examples of products include but are not limited to: interactive social media guides, motion 2D characters, instructional animated videos, human spokespersons, and radio advertising spots that support the campaign objectives. As the scammers are finding their victims via social media advertising, using social media to counter their efforts will be key. Additionally, the contractor will contemplate undertaking in-person outreach events in departments of the country with high rates of fraud.
Campaign material components will be customized to display on specific platforms, such as web applications and traditional media. This feature will allow the agency to create tailored banners and editions for specific, targeted audiences, ensuring an optimal user experience across all devices and platforms.
The U.S. Embassy will reserve all rights to advertising materials developed for the campaign. The campaign materials must be designed to promote the credibility of the
U.S. Embassy as the only entity with the authority to issue a visa. The contractor must identify all media outlets that feature programming and/or advertisements related to U.S. visas.
Style and Tone:
Throughout past campaigns our message has been shared in a colloquial and upbeat tone as an effective way to create resonance. The information shared should always be educational and informative, coming from an official U.S. government source, with the purpose of informing visa applicants on how to recognize a scam offer versus a legitimate offer and where to find official sources of information.
Schedule and Budget:
The overall budget will be $100,000, which includes up to $10,000 for a metrics and validation study to determine the effectiveness of the campaign as compared with pre campaign through post-campaign.
● August 16: Embassy procurement announces requests for proposals from interested publicity agencies.
● September 13: Closing of procurement request for interested publicity agencies.
● September 20: Contractor delivers marketing proposal and campaign materials to U.S. Embassy for review by CONS and development of final marketing.
● September 25: Contractors present their proposals to the U.S. Embassy.
● September 26: Selection of contractor by U.S. Embassy.
* September 30: Contractor to initiate campaign design and layout.
● November 1: Campaign launch.
● February 1: Campaign conclusion.
● March 1: Contractor delivers campaign results and metrics study.
Results:
Once the campaign concludes, the contractor must determine the campaign’s effectiveness by conducting a market validation study. The contractor will be responsible for proposing a metrics study based on accuracy, cost, and the number of people reached. This evaluation stage of the campaign should focus on the following outcomes:
● Percentage of audience that was aware of the work visa program and how to enroll - before and after the campaign to determine effectiveness of the campaign.
● Percentage of the audience that was aware of work visa scams and how to recognize the scammers methods - before and after the campaign to determine effectiveness of the campaign.
● Percentage of the audience that knew where to turn to verify if a work visa offer was legitimate - before and after the campaign to determine effectiveness of the campaign.
● Percentage of the audience that viewed the U.S. Embassy’s H-2 Visa Hub webpage as the best source of information on how to apply for a temporary work visa
- before and after the campaign to determine effectiveness of the campaign.
● Percentage of the audience that knew that the legitimate temporary work visa process did not require payment in excess of the $205 visa fee - before and after the campaign to determine effectiveness of the campaign.
● Percentage of the audience that remembered seeing or hearing the campaign or the message and the specific channels where they heard the campaign.
● Percentage change in applicant behavior demonstrated by surveys conducted before and after the campaign of actual applicants.
● Percentage of the audience that knew that H-2 work visas are only for temporary work and not for permanent immigration.
● Percentage of the audience that believes they are at risk of fraud or misinformation responding to social media advertisements for U.S. temporary job offers.
● Percentage of the audience that would prefer to access information via the official U.S. Embassy website because they are the trusted source.
● Percentage of the audience outside the metropolitan San Salvador area that remembered hearing the campaign or the message (message resonance in other key municipalities and outlying areas).
IMPORTANT NOTE: In order to be eligiblefor award, vendors must be registered in the US Government System for Award Management (SAM).
httr)s://sam.gov/contcnt/homc
If you are not registered in SAM, you will not be eligible for award. You must provide your UNIQUE number with your proposal and evidence that you are registered in SAM.
In theframework of the National Defense Authorization Act (NDAA) 899(a)(1)(B) which now governs all US Government procurements, to do business with your company we need you to answer the questions regarding use of technologies in the link below:
Cuestionario NDAA- tccnologias prohibidas
EVALUATION FACTORS:
Award will be made to the lowest priced, acceptable, responsible quoter.
The Government will determine acceptability by assessing the offeror's compliance with the terms of the RFQ. The Government will determine responsibility by analyzing whether the apparent successful quoter complies with the requirements of
FAR 9.1, including:
ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments, satisfactory record of integrity and business ethics, necessary organization, experience, and skills or the ability to obtain them, necessary equipment and facilities or the ability to obtain them; and otherwise, qualified and eligible to receive an award under applicable laws and regulations.
CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE
AGREEMENTS AWARDED BY OVERSEAS CONTRACTING ACTIVITIES
(Current thru FAC 2022-05, effective 03/2022)
COMMERCIAL ITEMS
CLAUSES INCORPORATED BY REFERENCE fFEB 1998)52.2522
This purchase order or BPA incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: AcQuisition.gov this address is subject to change.
DOSAR clauses may be accessed at: https://acquisition.gov/dosar
FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES:
DATETITLENUMBER
OCT 2018SYSTEM FOR AWARD MANAGEMENT52.204-7
JAN 2011PERSONAL IDENTITY VERIFICATION OF
CONTRACTOR PERSONNEL
52.204-9
OCT 2018SYSTEM FOR AWARD MANAGEMENT
MAINTENANCE
52.204-13
AUG 2020COMMERCIAL AND GOVERNMENT ENTITY
CODE REPORTING
52.204-16
AUG 2020COMMERCIAL AND GOVERNMENT ENTITY
CODE MAINTENANCE
52.204-18
NOV 2021CONTRACT TERMS AND CONDITIONS
COMMERCIAL ITEMS
52.212-4
AUG 2018AFFIRMATIVE PROCUREMENT OF EPA-
DESIGNATED ITEMS IN SERVICE AND
CONSTRUCTION CONTRACTS
52.223-17
MAY 2020CONTRACTOR PERSONNEL IN A DIPLOMATIC
OR CONSULAR MISSION OUTSIDE THE UNITED
STATES
52.225-19
DEC 2007COMMERCIAL COMPUTER SOFTWARE LICENSE52.227-19
JUL 2014WORKERS’COMPENSATION INSURANCE52.228-3
52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD
INSURANCE
APR 1984
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS JAN 2022
52.246-26 REPORTING NONCONFORMING ITEMS NOV 2021
The following clauses are provided in full text:
52.204-24 REPRESENTATION REGARDING CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT INOV 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 or 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 pennit 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) Representation. The Offeror represents that—
(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation . The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry , for purposes of this representation, the Offeror represents that—
It □ does, □ does not use covered telecommunications equipment or services , or use any equipment, system, or service that uses covered telecommunications equipment or services . The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section,
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer :
(i) For covered equipment —
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier , CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision,
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:
Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer :
(i) For covered equipment —
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier , CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered
(include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision,
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:
Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (NOV 20211
(a) Definitions . As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network {e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means-
(1) Telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the
Director of National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country .
Critical technology means-
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No.
1 to part 774 of the Export Administration Regulations under subchapter C of chapter
VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials , software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal
Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section
1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered {e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services {e.g.^ voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service,
(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in
FAR 4.2104.
(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in
FAR 4.2104. 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.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming , or interconnection arrangements ; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles,
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer , unless elsewhere in this contract are established procedures for reporting the information ; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer (s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name;
supplier unique entity identifier (if known); supplier Commercial and Government
Entity (CAGE) code (if known); brand; model number
(original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended,
(ii) Within 10 business days of submitting the information in paragraph
(d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services , and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services .
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
COVERED TELECOMMUNICATIONS EQUIPMENT OR52.204-26
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.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-
COMMERCIAL ITEMS (NOV 2021)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for
Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision,
(a) Definitions . As used in this provision—
"Covered telecommunications equipment or services " has the meaning provided in the clause 52.204-25. Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United
States and who are economically disadvantaged in accordance with 13 CFR part 127.
It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
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(bT 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 "—
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 veteransor, 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. 10U2).
with a disability that is service connected, as defined in 38 U.S.C. 101(16).
Small business concern —
(1) Means a concern, including its affiliates , that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation .
(2) Affiliates , as used in this definition , means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern , consistent withl3 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 atl3 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
CFRl 24.104(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 (l)(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.
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 .
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 least51 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) {\) 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 completedfor 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 will be performed in the United States or its outlying areas . Check all that apply.
(1) Small business concern . The offeror represents as part of its offer that it □ is, □ is not a small business concern .
(2) Veteran-owned small business concern . [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern .
(3) Service-disabled veteran-owned small business concern . [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern .
(4) Small disadvantaged business concern . [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.
(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 concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents thal-
(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:
Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern . [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-
(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture.
[The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:
concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold .
.] Each WOSB concern eligible under the WOSB
,] Each EDWOSB
(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 itselfas 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 priorityfor 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:
(10) HUBZone small business concern . [Complete only if the offeror represented itselfas 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, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:
.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation,
(d) Representations required to implement provisions of Executive Orderl 1246-
(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 http://uscode.house.gov/ 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 any agency , a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying
Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer , 0MB
Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made .
(f) Buy American Certificale. (Applies only if the clause at
Federal Acquisition Regulation (FAR) 52,225-1. Buy American-Supplies , is included in this solicitation.)
(1)
(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.
(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products .
(iii) The terms "domestic end product, end product," "foreign end product," and "United States " are defined in the clause of this solicitation entitled
"Buy American-Supplies ."
(2) Foreign End Products :
It 11
Line Item No. Country of Origin
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(g)
(1) Buy…
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