4.02 - N0018924Q0046 NNAM Motorola Radio SAP Combined Synopsis Solicitation.pdf

Last revised: 7/23/14

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in

FAR Subpart 12.6, using Simplified Acquisition Procedures under the test program for commercial items found at FAR Part

13, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE

AVAILABLE. This combined synopsis/solicitation SHALL be posted on Sam.gov (https://sam.gov/).

The RFQ number is N0018924Q0046. This solicitation documents and incorporates provisions and clauses in effect through FAC 2023-06 (effective 04 December 2023) and DFARS Publication Notice 20231222 (effective 22 December

2023). It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/far/ and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html.

The NAICS code is 334220 and the Small Business Standard is 1,250 (number of employees). The proposed contract action is for supplies for which the Government intends to solicit and negotiate a Firm Fixed Price purchase order. To procure 50 (fifty) Motorola SRX2200 UHFR1 MHZ, Model 1 portable radios, with a One (1) year standard warranty, Preventative Battery Maintenance, nine (9) multi-unit chargers. Additional all supply requirement details are included in the below PWS. This solicitation opportunity is available to authorized resellers of Motorola. A redacted brand name justification is attached.

This announcement will close at 2:00 PM EST on Thursday, February 1, 2024. All responsible sources may submit a quote to Porchia Locke, who can be reached via porchia.y.locke.civ@us.navy.mil, NO LATER THAN 2:00 PM EST on

Thursday, February 1, 2024. All questions to this announcement will be due at 2:00 PM EST on Tuesday, January

30, 2024.

Please see PWS below:

PERFORMANCE WORK STATEMENT

FOR Motorola SRX2200 UHFR1 MHZ MODEL 1 PORTABLE RADIOS

FOR THE NATIONAL NAVAL AVIATION MUSEUM (NNAM)

INTRODUCTION/BACKGROUND

The National Naval Aviation Museum’s (NNAM) requirement is for 50 (fifty) Motorola SRX2200 UHFR1 MHZ, Model 1 portable radios, with a One (1) year standard warranty, Preventative Battery Maintenance, nine (9) multi-unit chargers.

The required 50 (fifty) Motorola SRX2200 UHFR1 MHZ, Model 1 portable radios will replace 52, ten-year old portable radios and chargers that are failing. The current radios are off-board with constant poor performance; they are not adequate to the required task of broadcasting safety messages, crowd control and ATO communications and is seriously impacting public safety.

The purchased equipment shall be APCO P25 CAP tested and certified to operate on the Motorola 7.19 LMR core infrastructure without using any additional middle-ware (hardware/software).

The radios will be used on the US Navy TELMR System with Advanced Encryption Standard (AES) Digital Encryption via

OTAR (Over the Air Rekey) system utilizing a FIPS 240-2 Level 3 Certified Encryption Module for transmission of For

Official Use Only (FOUO) and Personal Identifiable Information (PII) as required by AF133-590.

Radios shall be equipped to operate seamlessly on an existing Motorola OTAP system. **NOTE** Utilizing a different vendor’s OTAP solution will require additional system integration and training cost, as well as, requiring revalidation of the

USNLMR system Information Assurance Certification (IAC).

COMSEC Issue: Due to the specific area of operation, the radios will be used in the risk of a lost or stolen radio are high. If a radio is lost or stolen, the ability to extract encryption key material from the compromised device presents an extreme

COMSEC risk, with far-reaching repercussions on mission effectiveness and force protection. It is imperative that all radios have encryption modules that both detect and respond to electronic or physical tampering, specifically by zeroing keys if file://///NAEANRFKFS101V.NADSUSEA.NADS.NAVY.MIL/NAVSUP2$/NRFK/C200/E-files/220.1%20(Antonio's%20Team)/CCE/FY22/N6315122RC00HBQ,%20Security%20Guard/Working/(https:/sam.gov/ https://www.acquisition.gov/far/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html the cryptographic module is tampered with. To this end, it is required that all radios have encryption modules that are certified to FIPS 140-2 Level 3 Standard.

User Safety Issue: The ASTRO 25 LMR network is engineered to deliver a reliable grade-of-service (e.g. minimize busy calls). A user receiving a busy signal in an emergency event can lead to physical harm, damage to property, or loss of life.

In order to deliver the engineered grade-of-service, the system expects users to roam between RF sites in a predictable manner, based on constant monitoring of known adjacent RF sites. Part of this roaming includes preemptive site reselect and most-preferred site designations. A radio which maintains affiliation with an RF site until signal degrades will negatively impact the loading of the system, cause undue busies, and jeopardize user safety in a heavily loaded situation such as an emergency. In order to avoid busy signals and risk to users, it is required that radios roam based on adjacent site monitoring, preferred site assignments, and preemptive site reselection.

IA Policy Compliance Issue: System administrators frequently modify radio programming over the air using the system's

POP25 feature. This operation can take a substantial amount of time to complete for large numbers of radios. In accordance with the system's IA policy and ATO, user sessions on a network management terminal shall be disconnected after a period of inactivity or an excessively long session. Radios that can be reprogrammed using a batch POP25 command allow the system administrator to prepare the task, schedule the task for execution, and then log out of the network management terminal in compliance with IA policy while a lengthy task executes. To maintain IA policy compliance, radios shall be capable of participating in batch reprogramming. Radios shall also be capable of being tracked of dynamically changing

Subscriber IP Addresses for the System Administrator using a Presence Notifyer.

Radios shall meet the UL TIA 4950 Division 1: Class I - Group C & D: Class II - Group E, F &G. The III, T3C, Division 2:

Class I - Group A, B, C & D. The radio shall be capable of MIL-810 Classifications C, D, E, F & G and Method 512.X procedure.

Radios shall provide a battery mismatch notification that provides the user a visual and audio announcement in the event a battery is placed on the radio that is not UL TIA 4950 certified.

Radios shall also be equipped to program voice announcement, which alerts the user to the exact channel the radio is on with a human voice announcement without looking at the radio.

Radios shall include an embedded GPS Transceiver.

Radios shall be equipped with a Military Data Package that supports Tactical Front Panel Programming, Tactical Over the

Air Rekeying of Encryption Codes, Encrypted GPS that maps Individual Location Information (ILI) to the radios front display leveraging the Military Grid Reference System (MGRS), and provide a Night Vision Goggle (NVG) profile which allows the device to be used while wearing NVG. OTAP shall be included in the Military Data Package.

Force Protection Issue: While most radios are capable of encrypting voice transmissions on the ASTRO 25 network, transmission of data in the clear mode presents an immediate force protection issues. The use of commercially available P25 scanners allows clear-mode data transmissions to be recorded and analyzed, providing unfriendly actors with access to information such as GPS location of radio units and key changeover schedules. The use of clear-mode data also violates IA policies regarding encryption of Data In Transit, and could invalidate the LMR system's ATO. It is required that all radios be capable of encrypting packet data transmissions using a 256-bit AES algorithm.

Radio shall have integrated Mission Critical Wireless Bluetooth (Hardware Capable)

The radio shall support full over the air programming that includes firmware, code plug, and flash code upgrades and changes to the radio.

The radio shall support Differential Write – the ability to only OTAP the portions of the code plug that are “different”-without having to transmit the entire code plug OTA.

Interoperable with existing radio systems which include Motorola XTS5000.

100 percent interoperability and functionality with all components/features of the NAS JAX US Navy TELMR System.

Batteries and chargers shall be compatible with the radios being provided.

The portable radios shall be Adaptive Audio Engine capable, which automatically adjusts wind port, microphone gain, speaker equalization, background noise suppression, and dual sided operation without user intervention – to optimize the voice transmission and reception characteristics of the user.

The radios shall have a speaker rated at not less than 3 watts of audio output.

The radios shall include two (2) microphones in an array that automatically adapt during a conversation to utilize the microphone best suited for human voice, while the other microphone is used to sample and filter out background noise and wind.

The authorized Dealer shall deliver the 50 radios and all the peripheral equipment to NNAM and install any software, panels, and batteries.

The required 50 (fifty) Motorola SRX2200 UHFR1 MHZ, Model 1 portable radios will be used approximately 8 – 12 hours daily, seven days a week, 365 days a year.

The required 50 (fifty) Motorola SRX2200 UHFR1 MHZ, Model 1 portable radios will perform all aspects of over-air communication between NNAM staff, NNAM Volunteer Staff, and Naval Aviation Museum Foundation (NAMF) housekeeping staff. Additionally, the radios will work on the existing base trunking system.

Operational Set Up

Each of the fifty (50) required Motorola SRX2200 UHFR1 MHZ, Model 1 portable radio, is a self-contained unit, requiring only a battery, battery charger and any related programming/programming updates.

It is expected to take approximately 1 – 2 working days to set up all charging stations; charge batteries; install charged batteries; install any peripheral software to existing trunking station; any other necessary functions to ensure radio functionality by the Authorized Dealer’s certified Motorola technician.

Details/Specifications:

• 50 MOTOROLA SRX2200 UHFR1 MHZ MODEL 1 PORTABLE RADIOS

• 9 CHARGERS, MULTI-UNIT, IMPRES 2, 6-DISP, NA/LA-PLUG, ACC USB CHGR

• 50, P25 LINK LAYER AUTHENTICATION

• 50, HW KEY SUPPLEMENTAL DATA

• 50, SOFTWARE TRUNKING 9600 BAUD AND 3600 BAUD

• 50, MILITARY DATA PACKAGE

• 50, ASTRO 25 OTAR W/ MULTIKEY

• 50, GROUP SERVICES

• 50, ADAPTIVE NOISE SUPPRESSION

• 50, ENH: 3 YR WARRANTY APPLIES NO SFS.

• 50, ENH: AES ENCRYPTION AND ADP.

• 50, PREVENTATIVE BATTERY MAINTENANCE, BATTERY DELIVERY TO BE COMPLETED BY

5/31/2025.

• 25 BATT IMPRES 2 LIION TIA4950 R IP68 4600T.

Period of Contract Performance

NNAM staff will liaise with the authorized Motorola dealer to schedule a specific delivery date of the radios and peripheral equipment. Delivery request date is NLT 15 February 2024. Delays in purchase and pickup could adversely affect the safety and security of Museum patrons and staff.

Place of Performance

Work and placement of the fifty (50) required Motorola SRX2200 UHFR1 MHZ, Model 1 portable radios will be performed inside NAS Building 3465, the National Naval Aviation Museum’s main building, located at 1750 Radford

Blvd., Suite C, NAS Pensacola, Fl., 32508.

Work Requirements

Task requirements will center on NNAM liaising with the authorized Motorola dealer for delivery of the radios.

Operations/Maintenance Department Head will be the receiver of any warranty information, paperwork, plus instructions for the care and maintenance of the radio units.

Schedule/Milestones/Acceptance Criteria

Timely delivery of the fifty (50) required Motorola SRX2200 UHFR1 MHZ, Model 1 portable radios NLT 15 February

2024. Delivery address is National Naval Aviation Museum, Attn: Keith Moodispaugh, 1750 Radford Blvd., Suite C, NAS Pensacola, FL 32508.

FOB: Destination Terms: NET 30

***The below CLINs are to be brand name Motorola Solutions, Inc. products***

CLIN

PART NUMBER

DESCRIPTION

QTY

UNIT

OF

ISSUE

LEAD

TIME IN

WEEKS

UNIT

PRICE

PRICE

H99QDD9PW5BN

SRX2200 UHFR1 MHZ MODEL 1

PORTABLE

Each

QA01767

ADD: P25 LINK LAYER

AUTHENTICATION

QA01648

ADD: HW KEY

SUPPLEMENTAL DATA

QA02592

ENH: SOFTWARE TRUNKING

9600 BAUD AND 3600 BAUD

QA02590

ENH: MILITARY DATA

PACKAGE

0006 Q498 ENH: ASTRO 25 OTAR W/

MULTIKEY

50 Each

QA09006

ADD: ADAPTIVE NOISE

SUPPRESSION

QA09008

ADD: GROUP SERVICES

QA05100

ENH: STD 1 YR WARRANTY

APPLIES NO SFS

Q629

ENH: AES ENCRYPTION AND

ADP

SVC03SVC0112D

Preventative Battery Maintenance, battery delivery to be completed by

5/31/2025

PMNN4573A

BATT IMPRES 2 LIION TIA4950

R IP68 4600T

NNTN8844A

CHARGER, MULTI-UNIT,

IMPRES 2, 6-DISP, NA/LA-

PLUG, ACC USB CHGR.

TOTAL PRICE

The following FAR provision and clauses are applicable to this procurement:

52.212-1 ADDENDUM

ADDENDUM TO 52.212-1 - INSTRUCTIONS TO OFFERORS

In addition to FAR 52.212-1, “Instructions to Offerors – Commercial Items” and any other instructions contained elsewhere in this solicitation, the following instructions are provided.

NAVSUP FLCN Contracting Department, intends to negotiate a firm fixed price purchase order, utilizing the procedures under FAR Part 13, Simplified Acquisition Procedures. Award will be made to the quoter whose quote is most advantageous to the Government under the selection criteria set forth in this solicitation.

INSTRUCTIONS FOR SUBMISSIONS OF QUOTES:

(1) Quote shall be submitted electronically no later than the due date of the solicitation via email to Porchia Locke at porchia.y.locke.civ@us.navy.mil.

(2) Quoters shall comply with all instructions and inserting CLIN amounts. Quotes shall contain pricing to include all supplies and shipping cost.

i) Quote shall be, emailed directly to the contract specialist listed above.

ii) Quote shall include the following legend on the page:

Source Selection Information FAR 2.101 and FAR 3.104

Quote Content:

The quote should contain the following items in addition to other information required by this solicitation.

The Quote should indicate the following:

• Solicitation Number

• Name and Address of Quoter, and Cage Code

• Point of Contact name, telephone number, and email address

• Quote valid of 30 days following the solicitation closing date

Factor I- Technical

Factor I will be evaluated on an Acceptable/Unacceptable basis on whether the item(s) quoted meets the minimum specification in the solicitation. Failure to meet the minimum specification will result in a rating of unacceptable. Quoter shall provide the required Motorola Solutions, INC. products IAW the above PWS.

Factor II – Price

The Price Quote shall include the completed solicitation documents. The price quote shall include all elements of price and such other price information considered appropriate to support the quoter’s quote. The pricing information shall be completed in accordance with the following:

(a) Unless completed in SAM, 52.212-3 Offeror Representations and Certification – Commercial Items

- Completed by the quoter.

(b) No partial bids or additional items will be accepted. Failure to quote all CLINs or add additional items will result in ineligibility for award. In order to assist in the contracting officer’s price analysis, additional price information may be required and may consist of copies of applicable published price lists with effective dates, catalog pages of products, evidence of discounts off the published price lists, historical price/sales information supported by copies of paid invoices

OR price breakdown of all cost elements.

The price submission is not page limited, but is strictly limited to price information.

52.212-2 ADDENDUM

ADDENDUM TO FAR PROVISION 52.212-2, EVALUATION – COMMERCIAL ITEMS:

a) The Government will award a FFP order resulting from this solicitation to the responsible Quoter whose offer conforming to the solicitation will be most advantageous to the Government, technical, price and other factors considered.

The Government will be utilizing FAR part 12 and FAR part 13 procedures. The following factors shall be used to evaluate offers:

Technical and Price

Factor I- Technical

Factor I will be evaluated on an Acceptable/Unacceptable basis on whether the item(s) quoted meets the minimum specification in the solicitation. Failure to meet the minimum specification will result in a rating of unacceptable.

***This RFQ is for brand name Motorola Solutions, Inc. products. Quoter shall provide only Motorola Solutions, Inc. brand parts detailed in the above PWS. Quoter shall demonstrate that they are authorized to resell Motorola***

In order to be considered Acceptable, Quoters must receive an acceptable rating for Factor I in its entirety.

Rating Tables

Technical Acceptable/Unacceptable Ratings Table

TABLE I

Rating Description

Acceptable - Quote clearly meets the minimum requirements identified in PWS.

Reference details/specification section and work requirements section.

- Quoter shall be an authorized Motorola Solutions, Inc. reseller.

Unacceptable - Quote does not clearly meet the minimum requirements identified in PWS.

Reference details/specification section and work requirements section.

- Quoter is not an authorized Motorola Solutions, Inc. reseller.

Factor II– Price

The Quoters quoted price will be evaluated on the basis of price reasonableness in accordance with FAR 13.106-3(a). Total price will be evaluated including base and all options.

The evaluation may include, but is not limited to the following:

A. Price comparison with other Quoters;

B. Comparison with independent government estimates

By submitting a quote, the quoter affirms that they are capable of performing and completing the work described in the

Solicitation.

The Government will award on the basis of price unless the contracting officer is aware of past performance information related to the low price quote/offer which indicates that quote/offer may not represent best value. In that case, the

Government reserves the right to consider the past performance of other quotes/offers, conduct a price, past performance tradeoff, and award to other than the lowest price quote/offer.

The Government intends to award a Firm Fixed priced purchase order to the responsible quoter whose quote represents the best value after evaluation in accordance with the factors in the solicitation.

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

(End of provision)

Section Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-4

Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.204-7022

252.211-7003

Expediting Contract Closeout

Requirement for Submission of Data Other Than Certified

Cost or Pricing Data—Canadian Commercial Corporation

MAY 2021

JUL 2012

252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

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 and 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) Representations. 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.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

See Addendum 52.212-2 (Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are See Addendum 52.212-2. (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

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

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

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;

https://www.sam.gov/

(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"--

(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 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 at 13 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 CFR 124.104(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 least 51 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) 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 http://www.sam.gov/

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

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

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

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

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [

___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

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

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

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

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

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

HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation, and

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

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no

Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of

Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying

Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American

--Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

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

FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-

Supplies."

(2) Foreign End Products:

Line Item No. Country of origin

Exceeds 55% domestic content

(yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

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

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

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a…