2 Combined Synopsis Attachment NWWN99172300037.pdf

NWWN99172300037SML

COMBINED SYNOPSIS/SOLICITATION

Non-personal Janitorial Services for Pittsburgh Weather Forecast Office (WFO)

(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NWWN99172300037SML.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01 (DEC 2022) (Deviation 2023-03) (DEC 2022).

(IV) This solicitation is being issued as a total Small Business Set-Aside. The associated NAICS code is 561720. The small business size standard is $17.5 million.

(V) This combined solicitation/synopsis is for purchase of the following commercial services:

CLIN 0001 – Base Year Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for janitorial services at the National Weather Service (NWS) Pittsburgh Weather Forecast Office (WFO) in Coraopolis, PA, in accordance with the Statement of Work. Period of Performance 04/01/2023 through 03/31/2024.

CLIN 1001 – Option Year 1 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for janitorial services at the National Weather Service (NWS) Pittsburgh Weather Forecast Office (WFO) in Coraopolis, PA, in accordance with the Statement of Work. Period of Performance 04/01/2024 through 03/31/2025.

CLIN 2001 – Option Year 2 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for janitorial services at the National Weather Service (NWS) Pittsburgh Weather Forecast Office (WFO) in Coraopolis, PA, in accordance with the Statement of Work. Period of Performance 04/01/2025 through 03/31/2026.

CLIN 3001 – Option Year 3 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for janitorial services at the National Weather Service (NWS) Pittsburgh Weather Forecast Office (WFO) in Coraopolis, PA, in accordance with the Statement of Work. Period of Performance 04/01/2026 through 03/31/2027.

CLIN 4001 – Option Year 4 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for janitorial services at the National Weather Service (NWS) Pittsburgh Weather Forecast Office (WFO) in Coraopolis, PA, in accordance with the Statement of Work. Period of Performance 04/01/2027 through 03/31/2028.

(VI) Description of requirements is as follows:

See attached Statement of Work which applies to Base Year and all Option Years 1 – 4, and Department of Labor Wage Rates: WD 2015-4235, Revision No. 22, dated 12/27/2022, which can be found on:

https://sam.gov/content/wage-determinations

INVOICES TO BE BILLED MONTHLY IN ARREARS. PROVIDE MONTHLY AND ANNUAL

PRICING FOR EACH BASE AND OPTION YEAR. QUOTE PRICING MAY BE PROVIDED ON

PROVIDED SF18 FORM OR ON COMPANY LETTERHEAD.

STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA)

National Weather Service (NWS) Pittsburgh Weather Forecast Office (WFO)

JANITORIAL SERVICES FOR THE NATIONAL WEATHER SERVICE CORAOPOLIS, PA

PURPOSE:

The Contractor shall ensure that these services are performed in a manner that ensures the health and safety of federal employees and members of the public; and, both the sanitary conditions and esthetic appearance of federal buildings. Superior customer service and well-maintained facilities that present a clean, neat and professional appearance shall be furnished in accordance with all the terms and conditions of the contract

The Contractor shall be required to maintain a quality control program to ensure that the requirements of this contract are met. This program shall be created for identifying and correcting deficiencies in the quality before performance becomes unacceptable.

SCOPE OF WORK:

The place of performance shall be at the National Weather Service (NWS) Pittsburgh Weather Forecast Office (WFO) located in Coraopolis, PA.

A. All cleaning under this contract is required to meet the quality and performance standards as identified herein. Cleaning is to occur seven (7) days per week, including Saturdays, Sundays, and Federal Holidays. The majority of the cleaning for this requirement shall be accomplished between the hours of 6:00 PM and 11:00 PM Local Time.

a. If the Contractor fails to report to work any given day of the year, the contract monthly price may be reduced by the prorated daily price for each day of missed services.

B. Itemized services, specific rooms, areas requiring a different cleaning schedule and services covered shall be furnished as required and updated by the Technical Point of Contact (TPOC) as needed.

C. All cleaning shall be accomplished utilizing the latest technology, products, equipment, industry practices, and specifications in order to achieve a clean, neat and professional appearance in accordance with the terms and conditions of the contract.

https://sam.gov/content/wage-determinations

SUPPLIES, MATERIALS, EQUIPMENT AND UTILITIES:

Government Furnished:

A. Space in building, for the storage of supplies and equipment, will be provided for use in the performance of work under this contract. No flammable or explosive liquids such as gasoline will be stored in the building. The Government will not be responsible for damage or loss to the Contractor’s stored supplies or equipment.

B. Electrical power will be provided at existing outlets for the Contractor to operate such equipment, as necessary, in the performance of this contract.

C. Hot and cold water will be made available, as necessary, for cleaning purposes.

Contractor Furnished:

The Contractor shall furnish all personnel, management, supervision, supplies, materials, equipment, tools, and employee training necessary to achieve the quality performance standards of the work in this contract, unless otherwise specified herein.

A. Consumable Materials: Consumable materials required for the execution of the contract include cleaning chemicals and solutions, rubber gloves, plastic liners for wastebaskets, soap for the restroom, soap for soap dispensers and liquid hand sanitizer. Paper towel dispensers, paper hand towels, toilet tissue dispensers, two ply toilet tissue, sanitary dispenser and liners, paper toilet seat covers and hand sanitizer dispenser with batteries. Consumables in place, other than back-up supplies, remaining at the conclusion of the contract period will become the property of the Government

B. Training and services provided shall include all applicable OSHA and other related standards, including the Federal Clean Air Act, requirements of the Environmental Protection Agency (EPA), and all Federal, State and Local Codes, in addition to maintaining current licenses as required for the type of work provided.

C. The Contractor shall submit all Material Safety Data Sheets (MSDS) for any materials used under this contract to the TPOC forty-eight hours prior to contract services performance start date. If the Contractor substitutes any materials during the contract performance period the MSDS shall be provided to the TPOC forty-eight hours prior to using the materials.

D. The contractor is responsible for damage to any Government equipment, supplies, or facilities caused by contractor’s personnel. The contractor is cautioned that in many areas of the buildings delicate equipment is in operation. This equipment may be damaged by placing anything on top, bumping against controls, etc.

E. The Contractor shall furnish all equipment necessary to accomplish the work under this contract.

All equipment must meet all applicable OSHA standards. Contractor shall not use any unsafe equipment or any equipment in need of repair. Contractor shall use commercial grade equipment.

The Contractor shall provide the TPOC with a quarterly checklist of vacuum cleaner maintenance performed. Examples of items to be included on the vacuum cleaner maintenance checklist are as follows: hoses cleaned, belts checked, etc. Contractor and contractor employees shall be supplied with all necessary protective and safety equipment.

F. The Contractor shall utilize products and materials made from bio based materials (e.g., bio based greases, bio based hydraulic fluids, bio based absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that confirm to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the TPOC.

The following is an example list of products that may be used in this contract for janitorial services for which bio based products are available. This list is not all inclusive. It is desirable that vendors be able to supply the greatest number of bio based products listed meeting the health and environmental specifications:

All-purpose cleaner Degreaser/Cleaner Heavy duty cleaner Deodorizer Carpet shampoo Floor finish Gum remover Floor finish restorer Floor Finish Disinfectant sanitizer Floor sealer

Extraction fluid Furniture polish Floor stripper Glass cleaner Neutral cleaner (liquid) Grout sealer Stain remover Stainless steel polish Air freshener Toilet bowl cleaner Bathroom cleaner

White board cleaner Brass polish/cleaner Wood floor cleaner Chrome polish/cleaner Laundry detergent Liquid hand soap Cream cleaner Lime and scale remover Solvent

Bio based products that are designated under the USDA’s Bio-preferred program must meet the required minimum bio based content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor shall provide data for their bio based products such as bio based content. In addition to the bio based products designated by the U.S. Department of Agriculture in the Bio-preferred Program, the Contractor is encouraged to use other bio based products. The Contractor shall comply with the provision at FAR 52.223-1 Bio based Product Certification, and reporting requirements of FAR 52.223-2 Affirmative Procurement of Bio based Products Under Services and Construction Contracts.

G. Outdoor trash receptacle and outdoor receptacle for recyclable materials and trash removal services.

TASKS:

The Contractor shall keep the facility clean. The definition of clean will be to remove dirt, water streaks, gum, grease, tar or any other extraneous matter from all surfaces or objects in order to present an overall appearance of cleanliness.

The Contractor shall clean to the following standards:

A. Glass/mirror surfaces and coverings shall be clean and free of obvious dirt, dust streaks and smudges.

B. Furniture and all surfaces that are below 70 inches shall be free of obvious dust and dirt.

C. All carpets, as applicable, shall be clean and free of dirt, debris and obvious spots and stains.

Carpet spotting shall be accomplished as needed.

a. Carpet notes:

i. Carpet spotting shall be accomplished as needed to meet the quality standard.

ii. A bonnet type shampoo cleaner, hot water extraction or other acceptable methods shall be used to accomplish performance standards.

D. Resilient flooring shall be maintained at a high level of luster, free of all types of marks. (Buffing, stripping and waxing as required are included in the cost of this contract)

E. All other flooring shall be free of dirt, debris and foreign material and maintain a high level of luster. (Buffing, stripping and waxing as required are included in the cost of this contract)

F. ADP flooring, as applicable, shall be swept daily and kept free of dirt, debris and foreign matter, and damp mopped as the only method of wet cleaning.

G. Drinking fountains, as applicable, shall be cleaned and free of watermarks and any other debris or encrustation. Drinking fountains shall be maintained at a high level of sanitation.

H. All trash shall be collected from work areas and removed to the outside dumpster. Trash and recycling containers shall be lined and kept relatively free of dirt, stains, and debris. Periodic collection of litter adjacent to the building shall also be accomplished.

I. Restrooms shall be cleaned and disinfected to maintain all fixtures at a high level of shine and cleanliness, including kitchen counter tops and table. Floors shall be sanitized and maintained to ensure that there is not a buildup of dirt, debris, or bacteria. Partitions and walls shall be free of obvious dirt, graffiti, dust or any other extraneous matter. Toilet supplies shall be replenished as needed to maintain an adequate supply at all times. Trash and sanitary napkins shall be collected and disposed of at a location designated by the TPOC.

NOTE: Due to the health implications and requirement for restrooms to be sanitized, restrooms shall be cleaned and sanitized and mops and sponges used for the restrooms shall not be used for cleaning any other areas or rooms in the building.

J. Sanitary napkin dispensers shall be filled with Contractor furnished supplies and shall be tested regularly to ensure proper working condition at all times. The Government is responsible for repair and replacement of dispensers.

K. Metal and wood surfaces shall be cleaned to protect the wood or metal.

L. Ceiling Lighting (includes all interior office, hallway and stairwell building lights, glass) shall be clean, free of obvious dirt, grime, streaks, cloudiness and watermarks.

M. High cleaning surfaces above 70 inches shall be free of obvious dust, cobwebs, or any other extraneous matter (interior only).

N. Paper products shall be replaced/replenished to the following minimum standards: Toilet paper rolls next to each commode shall be kept at least half full, and each commode shall have a least one full back-up roll on the appropriate type of holder. All paper towel dispensers shall be replenished at least three quarters full with appropriately sized paper towels.

O. Food service and break areas shall be cleaned and sanitized.

P. Stairways, landings, railings, risers, ledges, grills, doors, radiators and surrounding areas, shall be free of obvious dirt, dust, stains, debris and other extraneous matter.

Q. Venetian blinds or any other window coverings shall have cords and both sides of blind slats free of obvious dirt, dust, grime and water spots.

R. Elevator surfaces and tracks shall be clean and free of obvious finger marks, dirt, dust, smudges, grime and other extraneous matter.

S. Janitor’s closets and sinks shall be kept clean and free of standing water.

T. All other spaces not specifically mentioned shall be free of obvious dust, dirt, stains and odor.

The Contractor shall be responsible for the following cleaning services and schedules:

Blinds Carpet cleaning Carpet spotting Drinking fountains and Water Dispensers Entrance, lobbies and corridors Floor maintenance Floor mats and entrance rugs Furniture

Glass windows and mirrors High cleaning Horizontal surfaces Kitchen area including appliance surfaces Lighting fixtures Restrooms Trash collection and disposal Buffing hard tile floor

CLEANING SCHEDULE:

Daily:

A. Sweep and damp mop all non-carpeted flooring, using only clean water and a mild, multipurpose floor cleaner.

B. Remove scuffmarks from the flooring, if applicable.

C. Dust all lobby furniture, including desk, tabletops, and artwork. Dust horizontal surfaces that are readily accessible.

D. Clean all entrance glass doors.

E. Scrub clean toilets and bathroom sinks. Distribute any toilet paper, hand soap, and paper towels.

F. Remove trash from the building.

G. Vacuum carpeted areas including under all desks to baseboards and to corners.

H. Kitchen counters and appliances shall be cleaned and free of stains, smudges, streaks and foreign matter. Distribute any paper towels and hand soap.

Monthly:

A. Buffing and waxing hard tile floor

Quarterly:

A. Wash and wipe clean the interior windowsills.

B. Clean trash receptacles.

C. Pick up outside litter adjacent to building.

D. Empty outside cigarette canisters.

E. Vacuum or dust all surfaces in the facility/office area over 70" from the floor.

F. Clean all lighting fixtures in the facility / office area of dust and dead insects.

Annually:

A. Carpet Cleaned - professionally shampoo all carpet B. Strip resilient floors of wax and apply new, self-polishing high-quality wax.

ESTIMATED SQUARE FOOTAGE DATA

Area Type Ceramic 380 SF Carpet 1,000 SF

Administrative Foyer, Hallways, ASA Ent. Foyer, OPL, SSH, ESA, WCM, MIC, Hallway

Carpet 240 SF Conference Room Carpet 208 SF Electronics Technician Office* Raised Tile 630 SF Vinyl 717 SF Carpet 619 SF Rubber 13 Steps Landing 60 SF

Operations Training & SOO

Raised Tile Floors 340 SF Computer Room Ceramic 60 SF Kitchen/Break Room Ceramic 180 SF Restrooms Vinyl 393 SF Garage Flooring 1,000 SF

Storage Building (30 x 45)

*Vinyl tile floors need to be stripped/waxed twice per year. Carpet truck mount cleaned twice per year.

Ceramic floors special cleaning twice per year.

General Note: All square footage is based on room sizes and does not take into account furniture, desks, bookcases, etc., that cover the floor and cannot be moved. Actual square footage is less to clean.

CLEANING SCHEDULE

WEATHER FORECAST OFFICE FLOOR PLANS

(VII) Date(s) and place(s) of delivery and acceptance:

Period of performance shall be:

Base Year for a twelve month period 04/01/2023 through 03/31/2024.

Option Period 1 for a twelve month period 04/01/2024 through 03/31/2025.

Option Period 2 for a twelve month period 04/01/2025 through 03/31/2026.

Option Period 3 for a twelve month period 04/01/2026 through 03/31/2027.

Option Period 4 for a twelve month period 04/01/2027 through 03/31/2028.

Place of Performance is 192 Shafer Road, Coraopolis, PA 15108.

(VIII) FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021), applies to this acquisition.

NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive.

Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

1. Submit PDF or Microsoft Word format quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are required and can be sent to Stephanie.Long@noaa.gov.

2. Contractor shall have an active registration in the System for Award Management (SAM found at https://sam.gov/content/home) in order to provide a quote and be eligible for award. Must provide their UEID/CAGE CODE with their quote.

3. Provide all evaluation criteria in accordance with FAR 52.212-2 in this package. Vendors who do not provide all evaluation criteria will not be accepted.

https://sam.gov/content/home

4. Quote shall include at least two references for similar services including the phone number, full address, and e-mail address. References will be checked. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services.

(IX) FAR 52.212-2, EVALUATION- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a). The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Paragraph (a) is hereby completed as follows: Evaluation will be based on the following;

1. Technical Approach and Capability.

a. The offeror's approach to performing contract requirements and its capability to successfully perform the contract will be evaluated. Provide a detailed description of the company’s experience performing similar services. A contractor that has performed a site visit will be regarded with higher technical capability unless the contractor can provide a detailed technical approach write-up to perform this service with their quote for the Government to consider in place of a site visit. The technical approach write-up must not be a reiteration of the Statement of Work but how your company plans on performing the tasks i.e. performance checklists, anticipated number of janitors, anticipated hours at the facility and/or confirmation of supplies being provided, etc.

2. 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, cost management, communications between contracting parties, proactive management and customer satisfaction. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services. Quote shall include at least two references for similar services including the phone number, full address, and e-mail address.

3. Price The Government intends to award a low priced, technically acceptable, single firm fixed-price purchase order on an all or none basis with payment terms of Net 30.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

"THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES.

IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION

OF THE QUOTE RECEIPT".

CAR 1352.215-72 INQUIRIES (APR 2010)

OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING

VIA EMAIL TO STEPHANIE.LONG@NOAA.GOV. QUESTIONS SHOULD BE RECEIVED NO

LATER THAN 12:00PM MST/MDT ON January 31, 2023. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation.

Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

FAR 52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of provision)

A site visit is highly recommended but not required. Vendors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Please contact Michelle Murrell, 412-437-8926, Michelle.Murrell@noaa.gov, to set up a time to visit the site. All questions during the site visit should be submitted electronically to Stephanie.Long@noaa.gov.

(X) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) (DEVIATION 2023-03) (DEC 2022),

applies to this acquisition.

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.

https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300

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.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25

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. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(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 with13 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 at13 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 $850,000 (DEVIATION 2023-03) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

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 least51 percent of the stock of which is owned by one or more women; and https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-121

(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, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

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

(i) It □ is, □ is not a small business concern; or

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

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that—

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b)

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

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

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

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

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

(d) Representations required to implement provisions of Executive Order11246-

(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 https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(2) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c)

(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, OMB 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 Certificate. (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 and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, 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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “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:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no) http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___

[List as necessary]

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)

(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American- Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3 the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ___

[List as necessary]

(v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Israeli End Products:

Line Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III.

If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

https://www.acquisition.gov/far/part-25#FAR_25…