24QA200 - Combo - DPM Schedule I. II, & III.pdf

92d Contracting Squadron RFQ FA462024QA200

COMBINED SYNOPSIS/SOLICITATION

DPM Schedule I, II, & III

FA462024QA200

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

The Request for Quotation (RFQ) number FA462024QA200 DPM Schedule I, II, & III shall be used to reference any written quote provided under this RFQ.

The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular FAC 2023-06 Effective 6 November 2023.

This acquisition is set-aside 100% for small business and will utilize the North American Industry Classification System (NAICS) code 488991 (Packing and Crating) with a size standard of $34 million and PSC V003, (Transportation/Travel/Relocation-Motor Pool and Packing/Crating: Packing/Crating).

All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov.

Lack of SAM registration will make an offeror ineligible for award. The Unit Small Business Specialist is Mr. Michael Gilbert, at 509-247-4880; link to USAF Small Business, http://www.airforcesmallbiz.af.mil;

link to SBA, http://sba.gov.

The government requests quotes for items listed on Attachment 2. – Price Schedule.

Notice to Vendor(s): The Government reserves the right to cancel this RFQ, either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse a vendor for any costs.

FAR Provision 52.212-1, Instruction to Offerors–Commercial Products and Commercial Services (SEPT 2023), applies to this acquisition and is incorporated by reference. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:

Addendum FAR 52.212-1, Instructions to Offerors– Commercial Products and Commercial Services:

NOTE: All headings in bold are referencing back to the basic provision 52.212-1.

To assure timely and equitable evaluation of the quotes, vendors must follow the instructions provided in FAR 52.212-1 and are required to meet all solicitation requirements, failure to meet a requirement may result in a quote being ineligible for award. The government’s terms, conditions, and respective clauses contained within this solicitation are prescribed IAW the FAR, and are not subject to conditionally proposed revisions or changes requested by offerors.

Paragraph (b); in addition to the required information provide the following with your quote:

Subparagraph (6); Offerors shall complete the pricing worksheet by filling in all highlighted line items on tabs "Base" and "1st Option Year" in attachment 2-Price Schedule. Tab 3 “Totals” will auto-calculate http://sba.gov/ from the base and option year tabs. The quotes shall be submitted for a base year and one (1) Option Year.

Subparagraph (8); All vendors must be registered and active in the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ at time of quote submittal to be considered for award. Vendors must complete all necessary fill-ins and certifications in the on- line Representations and Certifications and return the provision Federal Acquisition Regulation (FAR) 52.212-3, Offeror Representations and Certifications – Commercial Items para (b) along with the quote.

DUNS Number/Cage Code: /

Number of Employees/Total Yearly Revenue: /

Subparagraph (10); PAST PERFORMANCE INFORMATION - All completed Past Performance Questionnaires (PPQs) shall be submitted by the Past Performance Point of Contact (PP POC), upon completion, to the contracting officer and the contract specialist. Offerors shall submit recent and relevant contact information for a maximum of two (2) references for Direct Procurement Moves (DPM).

a) To be considered recent, for a particular contract or combination of contracts, services must have been and/or are currently being provided at any time within the last three (3) years from the date of issuance of this solicitation.

b) To be considered relevant, offerors must have performed services similar to the services described in the PWS.

1. The offeror will be responsible for contacting the PP POC referenced in their quote. The PP POCs will be requested to complete the Past Performance Questionnaire (Attachment 5) which must be submitted directly from the PP POC to the contracting officer/specialist.

THE RESPONSIBILITY FOR PROVIDING THE QUESTIONNAIRES TO THE PP POCs AND

VERIFY RECEIPT BY THE GOVERNMENT OF THE COMPLETED QUESTIONNAIRES

RESTS SOLEY WITH THE OFFEROR.

2. For each PP POC identified, offerors must provide the following respondent information from section A of the Past Performance Questionnaire to the contracting officer:

• Company/Division name/Contracting Agency/Customer Name

• Name, address, and email

• Description of service provided

• Contract number (if applicable)

• Contract value

• Period of performance

Paragraph (c); first sentence revised as follows: The vendor agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes unless another time period is specified in an addendum to the quote.

To assure timely and equitable evaluation of the quote offerors must follow the instructions provided in FAR 52.212-1 and are required to meet all solicitation requirements, failure to meet a requirement may result in a quote being ineligible for award. The government’s terms, conditions, and respective clauses contained within this solicitation are prescribed IAW the FAR and are not subject to conditionally proposed previsions or changes requested by offerors.

http://www.sam.gov/portal/public/SAM/

Paragraph (f); Quotes must be sent as stated below, if provided by any other method, is incomplete, or missing required items, the quote may not be considered. If submitting via email, it is recommended a read/delivery receipt is attached to the email. Late quotes will be handled in accordance with FAR 15.

RFQ due date/time: 4 December 2023 / 1:00 P.M. PT

Email to: Michelle Domfort at michelle.domfort.1@us.af.mil and Mr. Paul Blais at paul.blais@us.af.mil

Mail/Hand deliver to: ATTN: Michelle Domfort or Paul Blais

92d Contracting Squadron

110 W Ent Street Fairchild AFB, WA 99011

Question pertaining to this solicitation are due date/time 20 November 2023/ 1:00 P.M. PT

Email to: Michelle Domfort at michelle.domfort.1@us.af.mil and Mr. Paul Blais at paul.blais@us.af.mil

Mail/Hand deliver to: ATTN: Michelle Domfort or Paul Blais

Note: If quotes are mailed or hand delivered, an electronic version of all documents must be provided at time of submission. Beware, “.zip” files are not an acceptable format for the Air Force Network and will not go through government email systems.

Paragraph (g); Interchanges: The government intends to award a contract without Interchanges with respective vendors. The government however, reserves the right to conduct Interchanges, with all, some, or none of the vendors, if deemed in its best interest.

FAR Provision 52.212-2, Evaluation- Commercial Products and Commercial Services.

(NOV 2021)

(a) Pursuant to FAR 12.602 contract award will be made using Simplified Acquisition Procedures IAW FAR Part 13. The government will award a contract resulting from this RFQ to the responsible vendor whose quote, conforming to the RFQ, will be most advantageous to the government, price and other factors considered. The following factors shall be used to evaluate quotes:

i. Price

ii. Past Performance

This evaluation will be conducted as a Subjective Trade-off; where Past Performance is approximately equal to price.

IAW FAR 12.602(a): When using the simplified acquisition procedures in Part 13, contracting officers are not required to describe the relative importance of evaluation factors.

(b) Options. The Government will be using options for this acquisition.

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

Basis for contract award: The government seeks to award to the offeror whose proposal, conforming to the solicitation where the price is determined to be fair and reasonable and for which Past Performance has been determined to be Satisfactory or higher, and represent the apparent best value to the government.

mailto:michelle.domfort.1@us.af.mil mailto:paul.blais@us.af.mil mailto:michelle.domfort.1@us.af.mil mailto:paul.blais@us.af.mil

Under a subjective evaluation process, trade-offs will be permitted between price and past performance.

In order to be considered awardable, there must be a Satisfactory rating or higher for the non-price factor.

Evaluation steps:

Step 1: Rank all quotes based upon offeror’s Total Evaluated Price (TEP) from lowest TEP to highest TEP. TEP will be evaluated based on Attachment 2 – Price Schedule sheet 3 “Totals”.

Step 2: Complete the past performance confidence assessment as described below.

Step 3: Evaluate lowest price offeror’s past performance and proceed in order of price until a past performance confidence assessment rating of “Substantial” is achieved or all quotes have been evaluated.

If the lowest priced quote is rated “Substantial Confidence”, and is determined to be responsible, the evaluation process stops at this point. Award will be made to that offeror without further consideration of any other quotes.

Step 4: In the event the government does not make an award pursuant to step 3 above, the government will evaluate the next lowest price offer and the process will continue (in order of price) until a quote is rated “Substantial Confidence” or until all quotes are evaluated. In the event that the lowest priced offeror does not have a “Substantial Confidence” assessment rating, the government reserves the right to make a best value award based on price and past performance to select the successful offeror. The government reserves the right to award a contract to other than the lowest priced offeror.

Price Evaluation. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

The government will evaluate prices submitted on RFQ Attachment 2 - Price Schedule from the Totals sheet which combines the totals for the base year and option year one (1). The government will evaluate the totals sheet for unbalanced pricing. Next, the Total Proposed Price (TPP) will be determined by adding the totals for the base year, Option year 1. The government will add the six-month extension to the contractor’s TPP to determine the Total Evaluated Price (TEP). To determine the price of the 6-month extension, the government will divide the total of year two by 2. Failure to propose prices for all line items on the pricing schedule will render the quote incomplete and potentially removed from further award consideration.

Offerors should propose the best pricing to the government for each item in arriving at the most competitive price. Price information submitted in each offeror’s price proposal, as required by the Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items, will be evaluated to determine if proposed prices are fair and reasonable IAW FAR 13.106-3. Unbalanced pricing may pose an unacceptable risk to the government and may be a reason to reject an offeror’s proposal.

Past Performance. Past Performance evaluation will include recent contracts performed by the contractor. To be considered recent, for a particular contract or combination of contracts, services must have been and/or are currently being provided at any time within the last three (3) years from the date of issuance of this solicitation. Contracts that are not considered recent will not be evaluated for relevancy.

The government will assign a relevancy rating for each recent past performance contract reference below.

Table 1. Past Performance Relevancy Ratings Method

Adjectival Rating Description Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some aspects of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Relevant past performance information will be evaluated as outlined below. This evaluation will result in assignment of a past performance confidence rating, see Table 2.

Table 2. Past Performance Confidence Assessment

Substantial Confidence

Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence

Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance information rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance.

The offeror will have an opportunity to respond to any overall unfavorable past performance, if not previously afforded the opportunity by the government (e.g. CPARS).

Sources of Past Performance. In addition to the Past Performance Questionnaires (Attachment 5) completed by the points of contact listed in the proposal, the government will also utilize data independently obtained from other government and commercial sources. These sources may include, but are not limited to, Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of the contractors who are part of a partnership/joint venture or teaming agreement identified in the offerors proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), and any other known sources not provided by the offeror.

NOTE: Completed questionnaires shall be emailed from past performance points of contact to:

Michelle Domfort at michelle.domfort.1@us.af.mil and Paul Blais at paul.blais@us.af.mil.

(End of Addendum)

FAR clause at 52.212-4, Contract Terms and Conditions-Commercial Items (OCT 2018), applies to this acquisition with the following Addendum: Paragraph (c) of this clause is tailored as follows: Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc., which may be changed unilaterally by the government.

Note: The vendor acknowledges that should the quote terms and conditions and/or agreement conflict with mandatory provisions of the Federal Acquisition Regulation (FAR) and other Federal law applicable to commercial acquisitions, to the extent of such conflict the FAR and Federal law govern and conflicting vendor terms and conditions and/or agreement are unenforceable and are not considered incorporated into any resultant contract.

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

(End of Provision)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov

(End of clause)

52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any FAR and DFARS (48 CFR Chapter 99) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any FAR and DFARS. (48 CFR _Chapter 99) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

mailto:michelle.domfort.1@us.af.mil mailto:paul.blais@us.af.mil http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1405_194946 http://www.acquisition.gov/ http://www.acquisition.gov/

(End of clause)

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE DATE

52.203-3 Gratuities 1984-04

52.203-12 Limitation on Payment to Influence Certain Federal Transactions

2020-06

52.204-7 System for Award Management. 2018-10

52.204-9 Personal Identity Verification of Contractor Personnel 2011-01

52.204-13 System for Award Management Maintenance. 2018-10

52.204-16 Commercial and Government Entity Code Reporting. 2016-07

52.204-18 Commercial and Government Entity Code Maintenance. 2016-07

52.204-19 Incorporation by Reference of Representations and Certifications

2014-12

52.204-22 Alternative Line Item Proposal 2017-12

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Convictions under any Federal Law

2016-02

52.212-1 Instructions to Offerors-Commercial Items. 2021-07

52.212-4 Contract Terms and Conditions- Commercial Products and Commercial Items.

2023-11

52.219-1 Small Business Program Representations. 2023-09

52.223-10 Waste Reduction Program. 2011-05

52.223-5 Pollution Prevention and Right-To- Know Information. 2011-05

52.228-5 Insurance-Work on a Government Installation. 1997-01

52.232-39 Unenforceability of Unauthorized Obligations 2013-06

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

1984-04

52.237-3 Continuity of Services. 1991-01

52.247-8 Estimated Weights or Quantities Not Guaranteed. 1984-04

52.247-11 Net Weight-Household Goods or Office Furniture. 1984-04

52.247-12 Supervision, Labor, or Materials. 1984-04

52.247-13 Accessorial Services-Moving Contracts. 1984-04

52.247-14 Contractor Responsibility for Receipt of Shipment. 1984-04

52.247-15 Contractor Responsibility for Loading and Unloading. 1984-04

52.247-17 Charges. 1984-04

52.247-27 Contract Not Affected by Oral Agreement. 1984-04

52.247-34 F.o.b Destination. 1991-11

252.201-7000 Contracting Officer’s Representative. 1991-12

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-12

252.204-7003 Control of Government Personnel Work Product. 1992-04

252.204-7004 Antiterrorism Awareness Training for Contractors. 2023-01

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

2023-01

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2019-12

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

2016-05

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

2021-01

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2023-01

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2018-01

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09

252.223-7008 Prohibition of Hexavalent Chromium 2013-06

252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12

252.225-7012 Preference For Certain Domestic Commodities 2022-04

252.225-7048 Export-Controlled Items. 2013-06

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

2022-05

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

2023-01

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Representation

2023-06

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

2023-06

252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2020- O0015)

2020-05

252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—Representation.

(DEVIATION 2020-O0015)

2020-05

252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020-O0005)

2020-02

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2023-01

252.243-7001 Pricing of Contract Modifications. 1991-12

252.243-7002 Requests for Equitable Adjustment 2022-12

252.244-7000 Subcontracts for Commercial Items 2013-06

252.247-7010 Scope of Contract. 1991-12

252.247-7014 Demurrage. 1991-12

252.247-7016 Contractor Liability for Loss or Damage. 1991-12

252.247-7023 Transportation of Supplies by Sea 2023-01

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided inthe 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”. 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.

(d) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 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.

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services. (NOV 2023)

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications—Commercial Products and Commercial Services (Nov 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204- 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

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

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(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;

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(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— https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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 appropriate factors including common ownership, common management, and contractual relationships.

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined 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 the threshold at 13 CFR 124.104(c)(2) 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.

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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 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 will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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

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(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(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, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive 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

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance.