2021-220 SF 18 Combined Synopsis Solicitation.pdf

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 Calendar Days

b. 20 Calendar Days c.30 Calendar Days

(%) D. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations X are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (Rev. 6/95)

REQUEST FOR QUOTATION

This RFQ is X is not a small business set-aside (THIS IS NOT AN ORDER)

1.REQUEST NO 2.DATE 3.REQUISITION/PURCHASE REQ

4. CERT FOR NAT. DEF.

UNDER BDSA REG 2

AND/OR DMS REQ. 1

RATING

NF-FKH010-21-02672 July 22, 2021 NF-FKH010-21-02672

5a. ISSUED BY 6. DELIVERY By (Date) US Department of Commerce Base Period: Date of Award through 9/30/22 NOAA Fisheries, OMB Field Delegates 7. DELIVERY 1315 East West Highway, Floor 14

Silver Spring, MD 20910 FOB Origin Other (See Schedule)

5b. FOR MORE INFORMATION CALL (No Collect Calls) 9. DESTINATION NAME SUZANNE.JOHNSTON@noaa.gov Area

Telephone a. NAME OF CONSIGNEE

SUZANNE JOHNSTON SMJ 202 570-5048 OFFICE OF HABITAT CONSERVATION

8. TO b. STREET ADDRESS

a. NAME b. COMPANY 200 Harry S. Truman Parkway

c. STREET ADDRESS c. CITY Annapolis

d. CITY e. f. ZIP CODE d. STATE e. ZIP CODE

MD 21401

10. PLEASE FURNISH

QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK

5A ON OR BEFORE Aug 7, 2021, 4:00 PM PacificTime

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A.

This request does not commit the Government to pay any costs incurred in the the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by Any representations and/or certifications to this Request for Quotations must be completed by the quoter.

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

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

PROVIDE DOCUMENTATION

DEMONSTRATING TECHNICAL

SPECIFICATIONS IN ACCORDANCE WITH

THE STATEMENT OF WORK (SOW).

USE THIS “STANDARD FORM 18” FORM FOR

YOUR QUOTE.

VENDOR DUNS# ____________________.

QUOTE CANNOT BE ACCEPTED FROM

YOUR COMPANY IF YOU ARE NOT

REGISTERED AND ACTIVE IN THE

44 pages total

SCHEDULE Continued Issue Date

Item No. Supplies/Services Quantity Unit Unit Price Extended Amount

FOLLOWING WEBSITE:

HTTPS://WWW.SAM.GOV/

QUOTE’S RECEIVED FROM VENDORS WHO

ARE NOT ACTIVE IN SAM WILL NOT BE

CONSIDERED.

PLEASE PROVIDE YOUR WILL OR WILL

NOT STATEMENT PER 52.204-24 UNLESS

YOUR REPS AND CERTS HAVE BEEN

UPDATED IN SAM PER 52.204-26 (OCT 2020

version).

THE GOVERNMENT DOES NOT ACCEPT

RESPONSIBILITY FOR NON-RECEIPT OF

QUOTES. IT IS THE CONTRACTOR’S

RESPONSIBILITY TO REQUEST A

CONFIRMATION OF THE QUOTE RECEIPT.

PERIOD OF PERFORMANCE:

Date of Award through September 30, 2022

PLACE OF PERFORMANCE:

See Statement of Work

WAGE RATES NOT APPLICABLE:

https://www.sam.gov/

SCHEDULE Continued Issue Date

Item No. Supplies/Services Quantity Unit Unit Price Extended Amount

CLIN 0001 Vendor to provide all labor, equipment and materials, for non-personal services to work closely with the NOAA Chesapeake Bay Office to support and develop ecosystem science and trends, collaborative strategic planning, diverse coalition building, coastal habitat restoration, and a place-based habitat restoration community of practice that is all integrated through the structure of a recently reinvigorated existing partnership initiative

- the York River and Small Coastal Basin (YRSCB) Roundtable, which is led by the Chesapeake Bay National Estuarine Research Reserve in Virginia in accordance with the full scope within the Statement of work.

1 JB _______________ _______________

STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA)

NOAA FISHERIES

NOAA Chesapeake Bay Office

MIDDLE PENINSULA COORDINATION

NF-FKH010-21-02672

I. Background/Overview:

The NOAA Chesapeake Bay Office’s (NCBO) 2020-2025 Strategic Plan documents the Offices’ intent to build an equitable and sustainable community of practice for healthy and resilient aquatic and nearshore habitat within the tidal portions of the Middle Peninsula of Virginia - a region including the York River, Piankatank River, and Mobjack Bay systems. This work entails:

● Developing and supporting a multisector nearshore habitat restoration committee to facilitate information exchange and develop a common vision for resilient infrastructure, such as oyster reefs, marsh and marshy islands, and living shorelines, that provide ecosystem services (i.e., habitat for key species, coastal resilience, clean water, and good conditions for submerged aquatic vegetation.) for coastal communities and fisheries.

● Working with partners to design, implement, and monitor nearshore estuarine habitat restoration projects that provide enhanced fish habitat and protect coastal communities.

● Raising awareness and support for habitat conservation and restoration with NOAA offices, Chesapeake Bay Program partners, and other key organizations.

● Integrating principles of diversity, equity, inclusion, and justice into the community of practice and its projects.

The York River, Piankatank River and Mobjack Bay area is under consideration for recognition as a NOAA Habitat Focus Area (HFA), targeted places where NOAA focuses its programs and investments to address a high priority habitat issue by working with partners and communities threatened by widespread loss and deterioration of coastal and marine habitats. NOAA designates HFAs nationwide and each works in a unique, local context to address a specific habitat. The challenge within the Middle Peninsula region is characterized as coastal community resilience – where communities are in need of additional capacity to build coastal and economic resilience. To address this challenge, NCBO intends to:

● Work with partners to complete 154 acres of reef restoration in the Lower York River and 60 acres of reef in the Piankatank River to support the oyster restoration goal of the Chesapeake Bay Agreement.

● Facilitate the design and implementation of 7 climate-resilient nearshore restoration demonstration projects to support the fish habitat, wetlands, and climate goals of the Chesapeake Bay Agreement.

● Use the collective impact framework to establish a nearshore habitat restoration community of practice that is following a common agenda and leveraging additional funding to ensure sustainability of resilience and habitat restoration work.

II. Scope of Work

This contract is primarily in service of the third outcome regarding use of the collective impact framework to establish a nearshore habitat restoration community of practice. The contract will entail working closely with the NCBO to support and develop ecosystem science and trends, collaborative strategic planning, diverse coalition building, coastal habitat restoration, and a place-based habitat restoration community of practice that is all integrated through the structure of a recently reinvigorated existing partnership initiative - the York River and Small Coastal Basin (YRSCB) Roundtable, which is led by the Chesapeake Bay National Estuarine Research Reserve in Virginia.

The contractor, working with the NOAA Chesapeake Bay Office, and the Chesapeake Bay National Estuarine Research Reserve in Virginia will comprise the “backbone” support team for the YRSCB Roundtable partnership, contributing to the ultimate success of the oyster and shoreline restoration projects that NOAA is funding, coordinating, or contributing to in the York-Piankatank-Mobjack Bay area.

Through this contract the NOAA Chesapeake Bay Office will purchase services for coordination support for input, synthesis, outreach writing, and editing of ecosystem status and trends reports among multiple partners; coordination of identification of milestone priorities and updating a strategic plan with partners;

support for development of the York River and Small Coastal Basin Roundtable partnership through relationship building, web presence, communications and equitable outreach; and support for attainment of restoration, water quality, and environmental literacy goals through technical assistance on projects, support for committee progress on milestones and meeting actions, community outreach, and identification of opportunities for project implementation.

III. Tasks

1. Status and trends reports coordination The contractor will contribute to the development of a comprehensive ecosystem status and trends report(s) for the York River, Piankatank River, and Mobjack Bay. Contributions include:

● Supporting coordination of a needs assessment and other partner input on ecosystem status and trends report(s) content

● Coordinating multi-partner science and data synthesis efforts to develop ecosystem status and trends report(s) synthesis of applicable science and data

● Stakeholder outreach and engagement throughout and/or after development of ecosystem status and trends report(s)

● Ecosystem status and trends report(s) writing and/or editing.

This work will be in coordination with the Chesapeake Bay National Estuarine Research Reserve in Virginia and York River and Small Coastal Basin Roundtable partners, including NOAA’s Chesapeake Bay Office and other NOAA offices as appropriate. All activities related to this effort will be contained in a quarterly report issued to the project lead as indicated in the Deliverable Schedule.

Deliverable(s): Needs assessment design and assessment results for ecosystem status and trends report(s).

Quarterly reports (in Word or Google Doc format) describing progress of coordination of partner report input, data synthesis, stakeholder outreach, and narrative drafting or editing completed to date.

2. Collaborative strategic plan coordination and development The contractor will work with the NOAA Chesapeake Bay Office and the Chesapeake Bay National Estuarine Research Reserve in Virginia to coordinate across York River and Small Coastal Basin Roundtable (YRSCBR) partners to

● Identify priority 2-year milestones from the YRSCBR Strategic Plan and coordinate partners’ progress toward completion of these milestones in alignment with YRSCBR Cornerstones. See https://www.vims.edu/cbnerr/roundtable/index.php for more information about YRSCBR Strategic Plan and Cornerstones.

● Update and refine the YRSCBR Strategic Plan based on the Roundtable’s activities, successes and capacity to date, and findings from applicable ecosystem status and trends report(s) and needs https://www.vims.edu/cbnerr/roundtable/index.php assessment to enhance collaboration among Roundtable partners through mutually reinforcing activities.

Deliverable(s): Quarterly reports (in Word or Google Doc format) describing progress in coordinating partners to identify and complete priority 2-year milestones, and drafting of the next iteration of YRSCBR Strategic Plan.

3. Coalition-building The contractor will support the NOAA Chesapeake Bay Office and Chesapeake Bay National Estuarine Research Reserve in Virginia to develop the York River and Small Coastal Basin Roundtable (YRSCBR) as a cross-sector collaborative that unites partners in action under a collective vision for a healthy York River-Piankatank River-Mobjack Bay watershed system by:

● Strengthening relationships of existing partners to the YRSCBR, and recruiting new participants to increase the capacity and expertise within the partnership, with sector-specific growth focused on coastal habitat restoration practitioners, working waterfronts professionals (i.e. watermen and aquaculturists, tribal representatives, agricultural technical service providers (i.e. Soil and Water Conservation Districts), local government representatives (i.e.

Planning District Commissions), and diversity and inclusion experts.

▪ Quarterly reports will detail outreach efforts to include individual/organizations contacted, responses and what if any follow up has taken place or is required.

● Maintaining and promoting the YRSCBR web presence, including web pages hosted by Virginia Institute of Marine Science, and a shared cloud-based file system. The contractor will conduct outreach to engage YRSCBR partners in use of the partnership’s online resources.

● Building YRSCBR community identity and collaborative opportunities through consistent communication across teams, including distribution of a monthly e-newsletter, and supporting the planning and facilitating of regular meetings for the YRSCBR Backbone Support Team, Board, full partnership, annual symposium, Habitat Restoration Steering Committee, and other committees as appropriate.

● Enhancing the Roundtable’s commitment to diversity, equity, inclusion and justice, including recruitment of speakers for DEIJ presentations and facilitators of DEIJ conversations regarding Roundtable work, and development of a set of Roundtable DEIJ principles.

Deliverable(s): Quarterly reports (in Word or Google Doc format) documenting: 1) Growth of sectors and expertise represented by active Roundtable participants, 2) Links to meeting minutes posted on the YRSCBR website, 3) Meeting action items and indication of progress toward completion, and 4) maintenance of website, e-bulletin, events calendar, shared file system; distribution of newsletter; and web analytics to demonstrate partner use of online resources

4. Coastal habitat restoration assistance and support for the Habitat Restoration Steering

Committee The contractor will support the NOAA Chesapeake Bay Office and Chesapeake Bay National Estuarine Research Reserve in Virginia to achieve their regional restoration, water quality and environmental literacy goals by:

● Providing technical assistance for YRSCBR stakeholders to envision, design and implement habitat restoration projects in the York-Piankatank-Mobjack Bay system - may include assistance for collaborative habitat restoration grant proposals.

● Supporting YRSCBR Habitat Restoration Steering Committee progress on milestones, meeting actions, & emerging opportunities for collaboration with other YRSCBR committees.

● Facilitating outreach with local communities to increase awareness of and support for the benefits of oyster and shoreline restoration- i.e. share updates and exchange feedback at community events or local government meetings.

● Identifying and providing to the YRSCBR stakeholders on a quarterly basis, information on additional sources of funding to advance the restoration, water quality, environmental literacy and other goals of the York River and Small Coastal Basin Roundtable in alignment with goals of the NOAA Chesapeake Bay Office and Chesapeake Bay National Estuarine Research Reserve in Virginia.

Deliverable(s): Quarterly reports (in Word or Google Doc format) detailing: 1) Technical assistance provided to YRSCB stakeholders to envision, design, and implement habitat restoration projects in the region, 2) Support provided to YRSCB Roundtable Habitat Restoration Steering Committee on milestones, meeting actions, and related opportunities with other YRSCBR committees, and 3) Actions in support of outreach to local communities and decision makers about the benefits of oyster restoration and shoreline restoration

Additional deliverables under this task include: 1 Quarterly reports (format TBD) providing information on additional sources of funding to advance the restoration, water quality, environmental literacy and other goals of the York River and Small Coastal Basin Roundtable partnership in alignment with goals of the NOAA Chesapeake Bay Office and Chesapeake Bay National Estuarine Research Reserve in Virginia and 2) a final report consisting of two sections. Section 1 will summarize all work completed towards tasks 1-4 from August 16, 2022 through September 30, 2022. Section 2 will summarize all work completed towards tasks 1-4 during the entire contract period.

IV. Period of Performance

Period of Performance is expected to begin no more than 10 business days from the data of award until September 30, 2022.

V. Place of Performance

Place of performance will be at the contractor’s facility, and meetings at partner facilities within the Middle Peninsula region of Virginia.

VI. Deliverable Schedule

Deliverable Schedule

All Deliverables will be delivered to Project Lead upon completion. Quarterly reporting can all be included in one document.

Delive rable

Description Completion Due Date

1 Needs assessment design and assessment results for ecosystem status and trends report(s)

November 15, 2021

2 Quarterly reports (in Word or Google Doc format) describing progress of coordination of partner report input, November 15, 2021 February 15, 2022 May 15, 2022 data synthesis, stakeholder outreach, and narrative drafting or editing completed to date.

August 15, 2022

3 Quarterly reports (in Word or Google Doc format) describing progress in coordinating partners to identify and complete priority 2-year milestones, and drafting of the next iteration of YRSCBR Strategic Plan.

November 15, 2021 February 15, 2022 May 15, 2022 August 15, 2022

4 Quarterly reports (in Word or Google Doc format) documenting:

● Growth of sectors and expertise represented by active Roundtable participants.

● Links to meeting minutes posted on the YRSCBR website

● Meeting action items and indication of progress toward completion Maintenance of website, e-bulletin, events calendar, shared file system; distribution of newsletter; and web analytics to demonstrate partner use of online resources

November 15, 2021 February 15, 2022 May 15, 2022 August 15, 2022

5 Quarterly reports (in Word or Google Doc format) detailing:

● Technical assistance provided to YRSCB stakeholders to envision, design, and implement habitat restoration projects in the region.

● Support provided to YRSCB Roundtable Habitat Restoration Steering Committee on milestones, meeting actions, and related opportunities with other YRSCBR committees.

Actions in support of outreach to local communities and decision makers about the benefits of oyster restoration and shoreline restoration

November 15, 2021 February 15, 2022 May 15, 2022 August 15, 2022

6 Quarterly reports (format TBD) providing information on additional sources of funding to advance the restoration, water quality, environmental literacy and other goals of the York River and Small Coastal Basin Roundtable partnership in alignment with goals of the NOAA Chesapeake Bay Office and Chesapeake Bay National Estuarine Research Reserve in Virginia.

November 15, 2021 February 15, 2022 May 15, 2022 August 15, 2022

7 Final Report (in Word or Google Doc format) consisting of two sections. Section 1 will summarize all work completed towards tasks 1-4 from August 16, 2022 through September 30, 2022. Section 2 will summarize all work completed towards tasks 1-4 during the entire contract period.

September 30, 2022

VII. Government-Furnished Resources

The Government will not furnish any resources to the Contractor in support of this contract.

Services Contractor will work primarily: ☐ On-Site X Off-Site Services Contractor requires access to NOAA facilities: ☐ Required X Not Required Services Contractor requires a PIV or CAC: ☐ Required X Not Required Services Contractor requires a NOAA email address: ☐ Required X Not Required Services Contractor requires use of DOC-Owned IT equipment (laptop or desktop computer)

☐ Required X Not Required

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

☐ Required X Not Required

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

☐ Required X Not Required

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

45.000 (5)

☐ Provided X Not Provided

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

☐ Provided X Not Provided

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

N/A

VIII. Security Requirements

None

IX. Special Requirements

No Special Requirements

a. Confidentiality and Data Privacy

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

b. Intellectual Property Rights

All deliverables are the property of the U.S. Government. All documents, analyses, files (digital or other), reports, notes and photos are to be used only by Contractor personnel assigned to this purchase order.

Documents, files and other data are to be stored exclusively on Government owned equipment and at no point should be saved or archived on personal drives or devices. Copies are not to be disseminated to anyone outside of the NMFS or to any other contractor personnel without explicit release from the Government

c. IT Security

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

X. Inclusion of Clause 52.217-8

Inclusion of FAR clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government as outlined at FAR 37.111, Extension of Services

XI. Required Knowledge and Experience

Knowledge of or Experience in the Chesapeake Bay region relating to:

● Natural resources

● Coastal or marine habitat restoration

● Water quality

● Meeting coordination

● Developing reports or needs assessments

● Science communication and community outreach

● Strategic planning

● Partnership building

XII. Evaluation Factors:

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

Technical Evaluation Factors

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

Factor 2--EXPERIENCE. The offeror's background, experience, and qualifications will be assessed to determine the likelihood that that offeror can successfully perform the contract requirements and the degree of the risk of non-performance.

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

● Offeror shall provide at least two (2) past performance references for work of similar nature in the region mentioned throughout the SOW. Provide name, address, phone number, and name of the project.

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

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

XII. Project Lead: Will be provided upon award

XIII. Contractor's invoice: The Contractor shall prepare and submit invoices to MB.Invoices@noaa.gov. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt with the reasons why it is not a proper invoice. Invoices shall not be submitted until all work is complete and the government has made acceptance. Any invoices submitted prior to this will be returned to the vendor as unacceptable. The Government will take into account untimely notification when computing any interest penalty owed the Contractor. Terms are Net 30. Please do not seek payment information until the 30 days have passed from acceptance. NOAA does make every attempt to make prompt payments.

(i) Name and address of the Contractor.

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

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

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

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

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

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

PROVISIONS

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(A)

(1) The North American Industry Classification System (NAICS) code for this acquisition is__________________ [insert NAICS code].

(2) The small business size standard is _____________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and https://www.acquisition.gov/far/52.204-7#FAR_52_204_7 https://www.acquisition.gov/far/52.204-7#FAR_52_204_7 https://www.acquisition.gov/far/52.203-2#FAR_52_203_2 https://www.acquisition.gov/far/part-13#FAR_Part_13 https://www.acquisition.gov/far/52.203-11#FAR_52_203_11 https://www.acquisition.gov/far/52.203-18#FAR_52_203_18 https://www.acquisition.gov/far/52.204-3#FAR_52_204_3 https://www.acquisition.gov/far/52.204-7#FAR_52_204_7 https://www.acquisition.gov/far/52.204-5#FAR_52_204_5

(C) Are for contracts that will be performed in the United States or its outlying areas.

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG

2020)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) 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.

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. 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.

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUNE 2020)

If SAM.Gov record does not show the following clauses dated as of 8/2020, then THE OFFEROR

MUST SUBMIT A COMPLETED COPY OF THE PROVISION AT FAR 52.212-3, OFFEROR

REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (FEB 2021)

(DEVIATION 2020-11) (AUG 2020)

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(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government.

If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. “Sensitive technology”— Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

Small business concern—

(1) Means a concern, including its affiliates that is independently owned and operated, not dominant in 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 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 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 $750,000 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 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) (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 Items, 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…