24RA102 Combo.pdf

92d Contracting Squadron RFQ FA462024RA102

COMBINED SYNOPSIS/SOLICITATION

RECYCLING SERVICES

FA462024RA102

2 April 2024

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subparts 12.6, 13.106, and 13.5, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The Request for Proposal (RFP) number FA462024RA102 shall be used to reference any written quote provided under this RFP.

The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular FAC 2024-03 Effective 23 February 2024.

This acquisition is a 100% Small Business Set-Aside and will utilize the North American Industry Classification System (NAICS) code 562920 Materials Recovery Facilities, with a size standard of $25 Million and PSC S205.

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 below and shall be priced.

ITEM NO DESCRIPTION QTY UNIT Unit Cost Total Price

0001 The contractor shall perform all services required to maintain the base recycling program on Fairchild AFB IAW the attached

PWS

12 Months

The contractor shall perform all services required to maintain the base recycling program on Fairchild AFB IAW the attached PWS.

PoP: 1 October 2024-30 September 2025

FFP

FOB: Destination

ITEM NO DESCRIPTION QTY UNIT Unit Cost Total Price

1001 The contractor shall perform all services required to maintain the base recycling program on Fairchild AFB IAW the attached

PWS (OPTION)

12 Months

The contractor shall perform all services required to maintain the base recycling program on Fairchild AFB IAW the attached PWS.

PoP: 1 October 2025-30 September 2026

FFP

FOB: Destination

Supplies/ Services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government

Delivery Information

CLIN DELIVERY DATE QTY SHIP TO ADDRESS DODAAC

Period of Performance

1 October 2024-30 September 2025

92 CES F1X301 F1X301

Period of Performance

1 October 2025-30 September 2026

92 CES F1X301 F1X301

Notice to Vendor(s): The Government reserves the right to cancel this RFP, either before or after the closing date. In the event the Government cancels this RFP, 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:

Subparagraph (6); Complete the CLIN structure provided above.

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.

Subparagraph (10)

PAST PERFORMANCE INFORMATION

Past Performance Questionnaires: The government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of this solicitation. The government will use information submitted by the offeror and other sources such as other Federal government offices, state and municipal offices, and commercial sources, to assess performance. Provide a list of no more than three (3) references, for the most relevant contracts performed for Federal agencies and commercial customers within the last three (3) years from the date of issuance of this solicitation. Relevant contracts include recycling services similar to the requirements of the PWS (Attachment 1). The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the current acquisition. However, subcontractor, and predecessor company information will not be considered as highly as past performance information for the principal offeror. The government will use a past performance questionnaire (Attachment 3) to evaluate contractor references.

Past Performance Questionnaires are to be completed and delivered to the government by the references provided by the offeror. (Please note: The contractor is responsible for ensuring all questionnaire responses are received by the government, via email, before the quotation due date and time required by this solicitation).

UEI Number/Cage Code: /

Number of Employees/Total Yearly Revenue: / /

Furnish the following information for each contract referenced:

1. Company/Division name

2. Product/Service

3. Contracting Agency/Customer

4. Contract Number

5. Contract Dollar Value

6. Period of Performance

Paragraph (c); first sentence revised as follows: The vendor agrees to hold the prices in its quote firm for 120 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the quote.

Paragraph (f); Quotes must be sent as stated below, if provided by any other method, incomplete, or missing required items may not be considered. When submitting via email, it is recommended a read/delivery receipt is attached to the email.

Site Visit: (a) A site visit will be conducted at Fairchild AFB on 16 April 2024 @ 10:00 AM Pacific Time for the purpose of answering questions regarding this solicitation.

(b) Provide the name of attendee (not to exceed 2 per firm) along with contact information to 2d Lt.

Hannah Wieber at hannah.wieber.1@us.af.mil 509-247-3980 and at Brian Fernandez at brian.fernandez.5@us.af.mil 509- 247-4882 not later than 12 April @ 10:00 AM Pacific Time. Do not send social security numbers via email. This information must be provided in advance in order to ensure access to the military base/site visit and adequate accommodation for attendees. Due to security limitations for base access only U.S. citizens are allowed at the site visit.

RFP due date/time: 2 May 2024 /10:00 AM PT Email RFP to: Responses to the RFP shall be sent via email to 2d Lt. Hannah Wieber at hannah.wieber.1@us.af.mil 509-247-3980 and at Brian Fernandez at brian.fernandez.5@us.af.mil 509-247-4882

Questions pertaining to this RFP are due by 22 April 2024 / 10:00 AM PT

Email Questions to: 2d Lt. Hannah Wieber at hannah.wieber.1@us.af.mil 509-247-3980 and at Brian Fernandez at brian.fernandez.5@us.af.mil 509-247-4882

Note: 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 come 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. (2021-11)

(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 solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

i. Price

ii. Past Performance

This is a competitive RFP solicited under FAR Part 13.5, in which competing offeror’s price and past performance will be evaluated where Past Performance is Approximately Equal to Price. The evaluation process shall proceed as follows:

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

Provision 52.212-2, Evaluation-Commercial Products and Commercial Services (2021-11), applies to this acquisition and prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:

Addendum 52.212-2 Evaluation- Commercial Products and Commercial Services.

Basis for contract award. The government seeks to award to the offeror whose quote conforms to the solicitation, Past Performance has been determined to be Satisfactory or higher, and the price is determined to be fair and reasonable and represents the best value to the government.

Step 1: Rank all quotes based upon offeror’s Total Evaluated Price (TEP) from lowest TEP to highest TEP. The TEP will be evaluated based on CLIN 0001 and 1001 totals with the addition of the 6-month extension of services as described below in “PRICE EVALATION”.

Step 2: Complete the past performance confidence assessment as described below in “PAST

PERFORMANCE”.

Step 3: Evaluate the lowest priced offeror’s past performance, if this evaluation results in a past performance rating of “Substantial Confidence,” the past performance evaluations will be suspended and the lowest priced offeror will be determined to be the “best value.” If a “Substantial Confidence” rating is not achieved, then the next lowest offeror will be evaluated. The process will continue until an offer is rated as “Substantial Confidence” or all reasonably priced proposals are evaluated.

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 further information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

The government will evaluate pricing submitted on the RFQ. The government will evaluate for unbalanced pricing. Next, the offeror’s quotes will be ranked according to their Total Proposed Price (TPP) as identified by contract line item (CLIN) total pricing, Line Items 0001 through 1001.

The government will develop a Total Evaluated Price (TEP), consisting of the TPP plus the 6-month extension which is 50% of total cost of the final option year. The offeror’s TEP will be evaluated, using one or more of the procedures and techniques defined in FAR 13.106-2 and FAR 13.106-3, in order to determine price reasonableness. For a price to be reasonable, it must represent a price that a prudent person would pay in the conduct of competitive business. Normally, price reasonableness is established through competitive quotations as described in FAR 13.106-3.

PAST PERFORMANCE: The Contracting Officer shall seek recent and relevant past performance information on the offeror’s ability to successfully provide recycling services based on (1) past performance evaluation questionnaires (Attachment 3), to be completed by the references provided by the offeror, and (2) data independently obtained from other Government and commercial sources. Relevant performance includes recycling services similar in scope to the requirements of the PWS conducted within the last three (3) years from the date of issuance of this solicitation. Relevant contracts include those contracts that showcase the offeror’s ability to perform recycling services similar to those required in the PWS. The purpose of the past performance evaluation is to allow the Government to assess the offeror’s ability to perform the effort described in the RFQ, based on the offeror’s demonstrated present and past performance.

(a) Recent past performance information includes contracts performed and/or being performed for any customer within the last three (3) years from the issuance date of the solicitation. The assessment process will result in an overall performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence as defined below. Past performance regarding predecessor companies, key personnel who have relevant experience, or sub- contractors that will perform major or critical aspects of the requirement will not be considered as highly as past performance information for the principal offeror. Past performance relevancy will be scored as follows:

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

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

Confidence levels are defined as follows:

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 3) 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/UEI 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), 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.

In evaluating past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.

Offerors are cautioned to submit sufficient information and, in the format, specified in the proposal preparation instructions to permit a meaningful assessment of past performance. Offerors may be asked to clarify certain aspects of their proposal or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system.

(b) PRICE/PAST PERFORMANCE TRADE-OFF – If the lowest priced offer is not rated Substantial Confidence, the Contracting Officer will make an integrated assessment best value award decision using a trade-off approach of Price and the Past Performance Confidence Rating.

(c) COMMUNICATIONS - Communications with offerors conducted to resolve minor or clerical errors will not constitute discussions, and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revision.

The Government intends to award a contract without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (1998-02)

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): https://www.acquisition.gov

(End of Provision)

52.252-2 Clauses Incorporated by Reference. (1998-02)

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. (2020-11)

(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.

52.252-6 Authorized Deviations in Clauses. (2020-11)

(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

52.203-3 Gratuities 1984-04

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

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

52.212-1 Instructions to Offerors-Commercial Items. 2023-09

52.212-4 Contract Terms and Conditions-Commercial Items. 2023-11

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

52.223-10 Waste Reduction Program 2011-05

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

52.232-18 Availability of Funds 1984-04

52.237-1 Site Visit 1984-04

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

1984-04

52.242-13 Bankruptcy 1995-07

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.

2022-09

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

252.209-7004 Subcontracting With Firms that are Owned or Controlled by a Government of a Country that is a State Sponsor of Terrorism

2019-05

252.215-7008 Only One Offer 2022-12

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

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

252.225-7012 Preference for Certain Domestic Commodities 2022-04

252.225-7048 Export-Controlled Items. 2013-06

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

2023-01

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

252.232-7003 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

01-2023

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 2023-11

252.247-7023 Transportation of Supplies by Sea-Basic

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and (2021-11) Video Surveillance Services or Equipment

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 (2020-10)

(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 (2024-02) and Commercial Services.

Offeror Representations and Certifications—Commercial Products and Commercial Services (Feb 2024)

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 (SDVOSB) concern means a small business concern—

(1)

(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

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 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 and controlled 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.]

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

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

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

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

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

(3) SDVOSB 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 that it □ is, □ is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

(5) 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.

(6) 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.

(7) 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: .]

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

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) 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.

(10) 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:

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

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

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