24QA214 Combo.pdf

92d Contracting Squadron RFQ FA462024QA214

COMBINED SYNOPSIS/SOLICITATION

CES Hoist and Crane

FA462024QA214

This is a combined synopsis/solicitation for commercial services 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 FA462024QA214 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 2024-04 Effective May 1, 2024.

This acquisition is Full and Open Requirement and will utilize the North American Industry Classification System (NAICS) code 811310 – Commercial and Industrial Machinery and Equipment (except Automatic and Electronic) Repair and Maintenance with a size standard of $12.5 million - and PSC J039 – Main/Repair/Rebuild of Equipment – Materials and Equipment.

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 contract CLIN structure is detailed in Attachment 2 – Pricing list and workload data.

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001-4003 Destination Government Destination Government

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 (Sep 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:

http://sba.gov/

Subparagraph (4): Technical: Submit a written plan, see DFARS clause 252.237-7024 Notice of Continuation of Essential Contractor Services, describing how the offeror will continue to perform the essential contractor services listed in the PWS during contingencies such as heightened Force Protection conditions. At a minimum, the plan submitted along with the offeror’s quote will include all elements listed in DFARS clause 252.237-7024(b)(2). The approved written plan will be incorporated into the resulting contract.

Subparagraph (6); Complete the Pricing Schedule (Attachment 2) provided. Firm-Fixed-Priced Quote:

The resultant contract will be Firm-Fixed-Priced; accordingly, pricing is not subject to revision and/or negotiation if selected for contract award. Quotes shall include pricing for all Contract Line-Item Numbers (CLIN) listed on Attachment 2 (Price Schedule) and prices shall not be more than two (2) decimal places.

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 (9); Amendments; Offerors will acknowledge, sign, and submit with their quote all solicitation amendments.

Subparagraph (10); PAST PERFORMANCE INFORMATION - All completed past performance questionnaires 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 CES Hoist and Crane.

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 in size and scope to the services described in the Performance Work Statement (PWS) (Attachment 1).

1. The offeror will be responsible for contacting the PP POC referenced in their quote. The PP

POCs will be requested to complete the PP POC (Attachment 4) which must be submitted directly from the PP POC to the Contracting Officer/Specialist.

THE RESPONSIBILITY FOR PROVIDING THE QUESTIONAIRES TO THE PP POCs AND

VERIFY RECEIPT BY THE GOVERNMENT OF THE COMPLETED QUESTIONNAIRES

RESTS SOLEY WITH THE OFFEROR.

2. For each PP POC, offerors must provide the following information to the contracting officer:

• Company/Division name/Contracting Agency/Customer Name

• Name, address, and email

• Description of service provided (to include laundered items, quantities, locations)

• Contract number (if applicable)

• Contract value

• Period of performance http://www.sam.gov/portal/public/SAM/

NOTE: Completed questionnaires shall be emailed from past performance points of contact to: Michelle Domfort at michelle.domfort.1@us.af.mil and Mr. Paul Blais at paul.blais@us.af.mil

Paragraph (c); first sentence revised as follows: The vendor agrees to hold the prices in its quote firm until 30 September 2024 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.

Technical:

1) Completed Submit a written plan, see DFARS clause 252.237-7024 Notice of Continuation of Essential Contractor Services, describing how the offeror will continue to perform the essential contractor services listed in the PWS during contingencies such as heightened Force Protection conditions. At a minimum, the plan submitted along with the offeror’s quote will include all elements listed in DFARS clause 252.237-7024(b)(2). The approved written plan will be incorporated into the resulting contract.

Paragraph (f); Quotes shall be submitted electronically to the Contracting Officer as stated below.

Quotes must conform to the requirements of this RFQ and all its attachments. If quotes are provided by any other method, are incomplete, or missing required items the quote may not be considered. It is recommended a read/delivery receipt is attached to the email. In all cases the offeror is solely responsible for determining receipt of quotes by the government.

RFQ due date/time: 5 June 2024 / 1:00 P.M. PT

Email RFQ to: Michelle Domfort at michelle.ddomfort.1@us.af.mil or Paul Blais at paul.blais@us.af.mil.

It is the contractor’s responsibility to ensure complete quotes are received prior to the due date and time.

Upon award, payment for delivered services will be through the Department of Defense invoicing system, Wide Area Workflow.

This is a Firm Fixed-Price requirement and will utilize the CLIN structure indicated in Attachment 2 – Price Schedule. Option years (if exercised) will use the corresponding CLINS for the respective option.

Pre-proposal Site Visit at Fairchild AFB

(a) A pre-proposal site visit will be conducted at Fairchild AFB on 15 May 2024 at 10:00 A.M.

Pacific Time.

Submit the names of all attendees (not to exceed 2 per firm) to Michelle Domfort at michelle.domfort.1@us.af.mil NLT than 13 May 2024. This information must be provided in advance in order to ensure access to the site visit.

Offerors shall submit questions to the points of contact noted above not later than 1:00 PM Pacific Time on 16 May 2024. Information provided at this site visit shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, see procedures in subparagraph (9) relating to the acknowledgment and receipt of solicitation amendments.

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

Note: For E-mailed quotes, beware, “.zip” files are not an acceptable format for the Air Force Network and will not go through government email systems, emails over 10 MB in size will not process through the system.

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. Additionally, offerors are required to provide the following:

iii. Technical Evaluation Factor: Rated on a GO/NO GO basis.

1. Continuation of Essential Contractor Services Plan:

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

(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quotes 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.

Addendum 52.212-2-Evaluation Commercial Items

Basis for contract award. The government will make an award to the responsible contractor that conforms to requirements of the solicitation, is technically rated “Go”, and provides the best value to the government considering price and past performance, as indicated in the below evaluation steps. The government reserves the right to award to other than that lowest priced quote.

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 the RFQ Attachment 2 - Pricing Schedule. The government will evaluate for unbalanced pricing. Next, each total Line-Item price (including options) will be added together to include the six-month extension of services, found at 52.217-8 Extension of Services, to arrive at a Total Evaluated Price (TEP). The government will determine the six-month extension by adding Line Items 4001 - 4012 and dividing 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 quote will be evaluated to determine if proposed prices are fair and reasonable. Unbalanced pricing may pose an unacceptable risk to the government and may be a reason to remove an offer from consideration.

Past Performance Evaluation. The Past Performance evaluation is an assessment of the offeror’s s ability to meet the solicitation requirements. 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. This evaluation will consider performance from predecessor companies, major subcontractors, teaming contractors or partners whose effort, as demonstrated in the quote, will significantly influence performance, and will contribute to the overall past performance confidence rating.

Demonstration of previous working relationship will have a greater influence than new relationships.

Teaming partners supported by written agreements will have a greater influence than partners with no written agreement in the risk assessment.

The government will assign a relevancy rating for each recent past performance contract, as specified in Table 1 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 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.

All recent and relevant past performance contract references will be evaluated to determine how well the offeror performed on the prior contracts. Evaluation of the submitted past performance information, along with any past performance information obtained from other sources as indicated in this Addendum, will result in an overall past performance confidence rating as specified in Table 2 below.

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 4) completed by the points of contact listed in the quote, 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 your company, predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement or who are part of a partnership/joint venture or teaming agreement identified in the offerors quote, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontracting Reporting System (eSRS), Supplier Performance Reporting System (SPRS), and any other known sources not provided by the offeror. However, subcontractor and predecessor company information will be considered only to the degree to which their work is relevant to the instant acquisition unless 13 C.F.R. 125.8(e) or 13 C.F.R.

125.2 apply.

Evaluation steps:

Step 1: The government will review all quotes for compliance. A compliant quote consists of a quote that meets the government’s requirements identified in Addendum to 52.212-1. The offeror’s Continuation of Essential Contractor Services Plan will be rated as GO/NO GO. Quotes that are not fully compliant or have a Technical Evaluation factor rated as “NO GO” may result in removal from consideration. If the Technical Evaluation Factor is rated as “GO”, the government will proceed to Step 2.

Step 2: Rank all acceptable quotes based upon offeror’s Total Evaluated Price (TEP) from lowest TEP to highest TEP.

Step 3: Evaluate lowest price offeror’s past performance and proceed in order of price until a past performance confidence assessment rating of “Substantial” or better is achieved or all quotes have been evaluated. If the lowest priced offer is evaluated to have a “Substantial Confidence” performance assessment, and is determined to be responsible, that offer represents the best value for the government, and the evaluation process stops at this point. Award will be made to that offeror without further consideration of any other quote.

Step 4: In the event that 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 determined to have a “Substantial Confidence” performance confidence assessment rating or until all offerors are evaluated. If the procedures in the paragraph take effect, the government reserves the right to award a contract to other than the lowest priced offeror.

INTERCHANGES – Interchanges with one or more offeror(s) may be used during the evaluation process to facilitate understanding and/or clarify aspects of an offeror’s quote. The government intends to award a contract without interchanges with respective offerors. The government, however, reserves the right to conduct interchanges if deemed in its best interest.

Assumptions, Conditions & Exceptions NOTE: Any exception to the solicitation may render a quote unacceptable.

If your company takes exception to any of the requirement of the PWS or terms/conditions, they must be clearly identified in your quote. These will be reviewed for potential impact on your ability to successfully meet the government’s requirements. Any assumptions, conditions or exceptions which may negatively impact successful performance of this requirement could render the quote ineligible for award.

(End of Addendum)

Addendum 52.212-4, Contract Terms and Conditions-Commercial Items (Nov 2023), 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

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.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1405_194946 http://www.acquisition.gov/ http://www.acquisition.gov/

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.

(End of clause)

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE DATE

52.204-7 System for Award Management. 2018-10

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

52.204-16 Commercial and Government Entity Code Reporting. 2020-08

52.204-18 Commercial and Government Entity Code Maintenance. 2020-08

52.204-19 Incorporation by Reference of Representations and Certifications

2014-12

52.204-22 Alternative Line Item Proposal 2017-01

52.212-1 Instructions to Offerors-Commercial Products and commercial Services.

2023-09

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

2023-11

52.217-5 Evaluation of Options 1990-07

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

52.232-18 Availability of Funds 1984-04

52.232-39 Unenforceability of Unauthorized Obligations 2013-06

52.237-1 Site Visit 1984-04

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

1984-04

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.

2022-09

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

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

2023-01

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

2023-01

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

2023-01

252.204-7016 Covered Defense Telecommunications Equipment or Services Representation

2019-12

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

2023-01

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements

2022-03

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

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

2023-01

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

2014-09

252.223-7008 Prohibition of Hexavalent Chromium 2023-01

252.225-7001 Buy American and Balance of Payments Program 2024-02

252.225-7002 Qualifying Country Sources as Subcontractors. 2022-03

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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.232-7011 Payments in Support of Emergencies and Contingency Operations

2013-05

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

2023-01

252.243-7001 Pricing of Contract Modifications. 1991-12

252.244-7000 Subcontracts For Commercial Items 2023-01

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 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.

(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)

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

(a) Definitions. As used in this provision—

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

Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

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

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

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended. "Sensitive technology"—

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 its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $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 business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

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

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

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

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

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

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

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

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

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

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or

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

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

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through…