80NSSC25Q0005-RFQ.pdf

NATIONAL CENTER FOR CRITICAL INFORMATION

PROCESSING AND STORAGE (NCCIPS)

UNINTERRUPTIBLE POWER SUPPLY (UPS) BATTERY

AND CAPACITOR REPLACEMENT

Request for Quote: 80NSSC25Q0005

July 29, 2025

80NSSC25Q0005

Table of Contents

Section I:

Section II:

Section III:

Notice to Offerors Communications Regarding This Solicitation Instruction to Offerors

4 - 9

Section IV: Terms and Conditions 9 - 49 Section V: List of Attachments 50

Section I: Notice To Offerors

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

NASA intends to award a single award Blanket Purchase Agreement (BPA) with a four (4) year ordering period to the successful quoter as a result of this solicitation. Pursuant to FAR Part 13.303-2.

This RFQ is a 100% Small Business Set-Aside competition

(1) Description of requirement. The purpose of this acquisition is to award a single award Blanket Purchase Agreement (BPA) to a small business Authorized Service Provider of Vertiv Corporation for work and deliverables required for the Uninterruptible Power Supply (UPS) Capacitors and Batteries replacement for the National Center for Critical Information Processing and Storage. A copy of the Statement of Work (SOW) can be found at ATTACHMENT 1. The: Statement of Work contains more information, as well as an addendum outlining the terms and conditions of this agreement, along with other attachments relevant to this combined synopsis/solicitation.

(2) Purchase limitation. NASA has established an estimated ceiling amount for the total of the four (4) year ordering period of $4,000,000.00. Quoters who exceed this amount will be rated non-responsive and will not be considered for award.

(3) Invoices. Invoices shall be submitted in accordance with the “INVOICING AND PERFORMANCE REQUIREMENTS” and “SUBMISSION OF INVOICES FOR PAYMENT” clauses in the “Additional Terms and Conditions” section of this RFQ.

Section II: Communications Regarding This Solicitation

Questions or comments regarding this solicitation shall be submitted in writing to the Contracting Officer, Steven Wood at steven.r.wood@nasa.gov and Contract Specialist, Erin Brayson at erin.d.brayson@nasa.gov.

Questions or comments shall be submitted no later than 1:00 pm Central Time, on August 1, 2025, to allow for analysis and response before the due date for receipt of quotes. Questions shall be submitted using Attachment 3

- RFQ Question Template.

Questions or comments shall not be directed to the technical activity personnel.

Oral questions will not be accepted.

(End of provision)

Section III: Instructions to Offerors

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Instructions to Offerors

General: The following information shall be submitted as part of the Vendor’s quote due 3:00 PM Central time Wednesday, August 6, 2025 All information requested below must be provided. Failure to provide any of the items required below may render a Vendor’s proposed quote technically unacceptable and thereby ineligible for award. This is a FAR Part 12 and FAR Part 13 requirement.

THIS REQUIREMENT IS A 100% Small Business Set-Aside. The North American Industry Classification System (NAICS) code is 335910, Battery Manufacturing. The small business size standard is 1250 employees.

Exchanges: The Government intends to evaluate quotes and award a BPA without discussions with Vendors. Therefore, a Vendor’s initial quote should contain the Vendor’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

Solicitation and Amendments: Copies of the solicitation and amendments are available by internet access only. All Request for Quote (RFQ) documents and any amendments to the RFQ are made available from the https://sam.gov/content/home website. It shall be the Vendor’s responsibility to check the website for any amendments. No information will be given via phone or email.

Submission of Quotes

A page is defined as one side of sheet, 8 1/2″ × 11″, with at least one-inch margins on all sides, using not smaller than 12-point type and Times New Roman font type. Foldouts count as an equivalent number of 8 1/2″ × 11″ pages. The metric standard format most closely approximating the described standard 8 1/2″ × 11″ size may also be used.

The quote shall include a Cover Letter, Volume I: Price Section, Volume II: Vertiv Authorized Service Provider documentation, Volume III: Technical Approach Section, and Volume IV: Past Performance Section.

Quotes shall be submitted using Microsoft Word, Microsoft Excel or Adobe PDF or a combination thereof.

Questions – Questions regarding this RFQ are encouraged. All questions regarding this RFQ must be submitted by Friday, August 1, 2025, at 1:00 PM Central time. Questions submitted after this date/time will not be answered. Questions will be accepted via e-mail only and shall be sent to Steven Wood at steven.r.wood@nasa.gov and Erin Brayson at erin.d.brayson@nasa.gov. Questions shall be submitted to all e-mail addresses listed. Faxed or telephoned questions will not be accepted.

Submission - Quotes for the item(s) described in the RFQ are due 3:00 PM Central time Wednesday, August 6, 2025 Submission must be in writing (e-mail) to Steven Wood at steven.r.wood@nasa.gov and Erin Brayson at erin.d.brayson@nasa.gov. Responses must be submitted to all e-mail addresses listed.

Submissions must be valid for at least 120 days.

1. PAGE RESTRICTIONS

The Volume I: Price Section is limited to ATTACHMENT 2: Pricing Quote and two (2) additional pages in length; if necessary. Price Section should not be included in Technical Approach. Information that can be construed as belonging in one of the other sections of the quote will be so construed and counted against that section's page limitation.

The Volume II: Vertiv Authorized Service Provider documentation shall not exceed two (2) pages in length.

The Volume III: Technical Approach Section shall not exceed five (5) pages in length. The cover page(s), executive summary, table of contents and other business information are excluded from the page limit. Pages shall be numbered consecutively; a page printed on both sides shall be counted as two pages. Pages submitted in excess of the page limitations stated above will be removed and will not be evaluated.

The Volume IV: Past Performance Section shall document past performance references. Each reference shall be no more than two (2) pages in length.

2. INSTRUCTIONS FOR COVER LETTER.

The following information shall be provided on the cover letter:

Authorized Vendor Contractual Personnel: Provide the name, title, telephone number, and e-mail address of the individual(s) who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government and who can answer questions regarding your quote.

Company/Division Street Address: Provide company/division’s street address, county and facility code;

size of business (large or small); labor surplus area designation; Company/Division’s Unique Entity Identifier (UEI) and Commercial and Government Entity (CAGE) Code.

The cover letter shall include a statement that the quote is valid for a period not less than 120 calendar days and shall contain acknowledgment and acceptance of the RFQ and all RFQ amendments.

3. COSTS INCURRED IN SUBMISSION OF QUOTE

This solicitation does not commit the Government to pay for any cost incurred in the submission of the quotation or in making any necessary studies of designs for the preparation thereof, nor does it commit the Government to contract for services or supplies.

4. INSTRUCTIONS FOR VOLUME I: PRICE SECTION.

The vendor shall provide a document itemizing the various costs associated with this requirement (i.e. labor rates, materials, etc.). The price schedule awarded will be based off “ATTACHMENT 2:

Pricing Template”. Awardee will have the discretion to provide additional discounts as the call order level.

5. INSTRUCTIONS FOR VOLUME II: VERTIV AUTHORIZED SERVICE PROVIDER

The vendor shall provide official documentation of being in good standing with Vertiv as an Authorized Service Provider. The documentation must be current, clearly identifying the offeror by legal business name, and issued or verified by Vertiv.

6. INSTRUCTIONS FOR VOLUME III: TECHNICAL APPROACH

This section provides detailed instructions to Vendors to be used in preparation of the technical section of the quote, which shall consist of the vendor’s Technical Approach to the SOW. The technical section will be evaluated in accordance with the evaluation criteria below to determine whether the technical approach meets the Government’s requirements outlined in the SOW. The technical section must reflect a thorough understanding of the requirements; as well as a detailed description of the process in which installation and labor will be conducted.

(a) The technical section shall be clear, concise, and shall include complete detail for effective evaluation and substantiation of all information. The technical section should not simply rephrase or restate the Government’s requirements.

(b) Elaborate brochures or documentation, detailed artwork, or other superfluous embellishments are unnecessary and are not desired. The focus shall be on the quality of the content and the technical approach therein.

(c) For a more complete understanding of this section Submission of Quotes refer to the section BASIS FOR CONTRACT/EVALUATION CRITERIA. The instructions in this section are directly related to the evaluation criteria and process set for in the BASIS FOR CONTRACT/EVALUATION CRITERIA section.

(d) The technical section of the quote shall include a narrative description to describe how the vendor meets each of the requirements in the SOW.

(e) The technical approach shall include lead times for each deliverable.

7. INSTRUCTIONS FOR VOLUME IV: PAST PEFORMANCE

The vendor shall provide Government and/or commercial past performance references for no more than three (3) recent and relevant past performance experiences. “Recent” is defined as work performed that is ongoing or has been completed within the past three (3) years. “Relevant” is defined as work that is similar in size, scope and complexity to the requirement defined in the

SOW.

BASIS FOR CONTRACT AWARD/EVALUATION CRITERIA

1. BASIS OF AWARD:

NASA intends to award a single Blanket Purchase Agreement (BPA) as a result of this Request for Quote (RFQ). The Government will award to the Vendor whose quotation, in conforming to this RFQ and the Instructions to Vendors, provides the lowest price that is also rated technically acceptable (lowest price technically acceptable or LPTA) meeting or exceeding the acceptability standards for non-cost factors.

2. EVALUATION CRITERIA:

Quotations received will be ordered according to price (Factor 1), with the lowest price quotation being evaluated first. The lowest priced quotation will then be verified regarding its status as an Authorized Vertiv Service Provider (Factor 2). Once verified, that quote will be evaluated for Technical Acceptability (Factor 3). If determined Acceptable, Past Performance (Factor 4) will be evaluated. If determined Acceptable or Neutral, the evaluation will stop, and an award will be made. If at any time during the evaluation, the quote does not meet the criteria set forth in the RFQ, the quote will be considered non-responsive and/or technically unacceptable and the next-lowest priced quote will be evaluated. This process will continue until either an awardable quote is evaluated, and an award can be made, or all quotes have been evaluated, no award can be made, and a competitive range must be established, and discussions opened.

Factor 1: Price Factor 2: Authorized Service Provider Factor 3: Technical Approach Factor 4: Past Performance

2.1 FACTOR 1-PRICE:

Factor 1: NASA will award to the Lowest Priced Technically Acceptable quote. NASA will evaluate the price to ensure it is consistent with the level of effort appropriate for the size, scope and complexity of this requirement as specified in the Statement of Work. For the purposes of determining the lowest price company, NASA will evaluate price strictly on a total of the four (4) year ordering period.

Price quotations that exceed the estimated ceiling amount associated with the BPA will be rejected.

2.2 FACTOR 2: VERTIV AUTHORIZED SERVICE PROVIDER:

Factor 2: Quotes reaching this step of the evaluation process will be verified to ensure that the offeror is an Authorized Vertiv Service Provider in good standing with Vertiv. Quotes evaluated at this stage that meet this criterion will move to the next step. Quotes that do not meet this criterion will be eliminated from the competition.

Any vendor that is not a Vertiv Authorized Service Provider will not be evaluated and eliminated.

2.3 FACTOR 3: TECHNICAL APPROACH:

Factor 3: NASA will evaluate the vendor’s technical approach based on the vendors ability to demonstrate a full understanding of the requirements written in the SOW. Responses shall not simply parrot the SOW but shall instead demonstrate a realistic approach to perform the work that would ensure successful and streamlined performance and provide demonstratable benefits and value to NASA. NASA will evaluate the quality, completeness, efficiency, consistency and thoroughness of the technical approach to ensure the goals and objectives of NCCIPS are met.

GENERAL INFORMATION CONCERNING EVALUATION:

The Government will use the ratings below to assess evaluation Factor 3.

Volume III: Technical Approach Rating Definition

Acceptable Technical capabilities adequately meet all solicitation requirements and demonstrate an adequate understanding of the requirements.

Based on the vendor’s technical approach, there is sufficient confidence that the contractor can provide successful performance for this requirement.

Unacceptable Technical capabilities meet few, if any, solicitation requirements.

There is evidence of inadequate understanding of the requirements.

Based on the vendor’s technical approach, there is not sufficient confidence that the contractor can provide successful performance for this requirement.

2.4 FACTOR 4: PAST PERFORMANCE:

Factor 4: NASA will evaluate each past performance reference to determine whether it is recent (the end date of the Vendor’s past performance reference falls within the past three (3) years of the RFQ issue date) and relevant in terms of size, scope and complexity. References deemed not recent and/or not relevant will not be considered for further evaluation and will receive a “Not Applicable/Neutral” rating.

NASA will rate relevant past performance references by reviewing the corresponding CPARs and PPQ past performance assessment ratings and comments. NASA may inquire with each past performance references to learn more about the Vendor’s performance. If NASA is unable to assign a rating based on the past performance reference(s) and CPARs and PPQ assessment(s) provided, NASA will rate the Vendor with a “Not Applicable/Neutral” rating for past performance.

Note- If a Vendor opts to not submit past performance as part of their quote in order to obtain a rating of “N/A”, they will receive a Past Performance rating of “Unacceptable”

A past performance that is rated “Unacceptable” will be eliminated from further evaluation.

GENERAL INFORMATION CONCERNING EVALUATION:

The Government will use the ratings below to assess evaluation Factor 4:

Volume IV: Past Performance Evaluation Ratings Rating Definition

Acceptable The past performance is recent and relevant. Past performance ratings (CPARS/PPQ) for the following areas are Satisfactory or 24 better: a) quality b) schedule c) management. Any issues encountered in the past performance record were minor concerns and had effective corrective actions undertaken by the Schedule Contractor that resolved the underlying issue(s).

Unacceptable The past performance is recent and relevant. Past performance ratings (CPARS/PPQ) in any one of the following three areas are below Satisfactory: a) quality b) schedule and c) management.

Any issues encountered in the past performance record were major concerns or had ineffective corrective actions undertaken by the Schedule Contractor that did not resolve the underlying issue(s).

Not Applicable/Neutral (N/A)*

Either the past performance is not recent and/or not relevant or NASA was unable to find sufficient past performance information to evaluate for any number of reasons including but not limited to not being able to contact the POC, a lack of information in the CPARS/PPQ reference, etc.

Section IV: Terms and Conditions

General Terms and Conditions

PERIOD OF PERFORMANCE: This resultant Blanket Purchase Agreement will cover a four (4) year ordering period, commencing on or about August 18, 2025, through on or about August 17, 2029.

A warranted CO is the only person authorized to approve changes in any of the requirements of this BPA and/or any call orders. This authority remains solely with the CO. In the event the contractor effects any change at the direction of any person other than the CO, the changes will be considered to have been made without authority and no adjustment will be made in the call order price to cover any increase in costs incurred as a result thereof.

Only the Contracting Officer (CO) and Contract Specialist (CS) have the authority to contact the contractor to discuss costs and/or material changes to the technical requirements of the contract.

Contact from other government employees could result in unauthorized commitments. Government representatives who are working on, or asked to work on, a particular contractual issue should inform and coordinate the activity with the CO, Contracting Officer’s Representative (COR) and/or Technical Monitor (TM). The COR and/or TM must be a part of all contacts and meetings with the contractor that pertain to scope or cost. Depending on the nature of the meeting, the COR and/or TM must also give advance notification to the CO or CS. All contacts with the contractor must be documented and retained with the COR’s contract correspondence file. As deemed appropriate, one copy must be forwarded to the CO. Examples of documented contacts are providing technical direction, work plan instructions, deliverable rejection, potential changes to the SOW or delivery schedule, costs and subcontractor or consultant recommendations.

Call Order Technical Monitor:

TBD at time of award

Ph: TBD at time of award

Email: TBD at time of award

CO’s Representative:

Definitions:

“CO’s Representative” – The COR is designated by the CO, in writing. The BPA COR is the technical representative and overseer for the BPA and all call orders. Individual call orders may have their own unique CORs or TMs that are assigned by the CO to assist the BPA COR.

“Technical Monitor” – The TM is designated by the CO in writing at the call order level. TMs may be assigned by the CO to assist the BPA COR as it relates to monitoring call order performance due to their proximity to the work, specialized knowledge or capacity to alleviate the BPA COR’s need to monitor multiple requirements.

“CO” – The CO is the exclusive agent of NASA with the authority to enter and administer the BPA and/or any call orders. Thus, the CO has the responsibility to see that all requirements of the law and regulation are followed. However, as the CO’s representative, the BPA COR, any call order CORs and any call order TMs are delegated the authority to monitor the technical effort being performed under the BPA and/or any call orders. The CO is the only individual with authority to enter into, administer, or terminate this BPA and/or any call orders. The CO ensures performance of all necessary actions for effecting contracting, ensuring compliance with the terms of the BPA and/or any call orders and safeguarding the interests of the United States and NASA in its contractual relationships.

The COR(s) and/or TM(s) is/are not authorized nor has/have authority to:

Award, agree to, or sign any BPA call order(s). All contractual agreements, commitments, or modifications shall be made only by the CO.

Make any commitments or otherwise obligate NASA, or to make any changes to any call orders.

Grant deviations from or waive any of the terms and conditions of any call orders.

Impose or place a demand upon the contractor to perform any task or permit any substitution not specifically provided for any call orders.

Increase the estimated value/dollar limit of any call orders or authorize work beyond the estimated value/dollar limit of call orders or authorize the expenditure of funds.

Give direction to the contractor or to the employees of the contractor except as provided for in any call orders.

Change the period of performance.

Authorize the purchase of equipment, except as required under the BPA and/or any call orders.

Authorize the furnishing of Government property, except as required under the BPA and/or any call orders.

Authorize subcontracting or the use of consultants.

Approve shifts of funding between line items of the budget.

Approve travel and relocation expense over and above that provided for in the BPA and/or any call orders.

Authorize the use of overtime.

When, in the opinion of the contractor, the COR(s) and/or TM(s) request effort outside the existing scope of work of the BPA and/or any call orders, the contractor shall promptly notify the CO in writing. No action shall be taken by the contractor under such direction until the CO has issued a modification to the BPA and/or any call orders; or until the issue has been otherwise resolved.

SOLICITATION PROVISION/REPRESENTATIONS AND CERTIFICATIONS

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

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

FAR https://www.acquisition.gov/ NFS https://www.acquisition.gov/nfs

FAR PROVISIONS:

FAR 52.204-7, System for Award Management (NOV 2024) FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (SEPT 2023) FAR 52.219-1, Small Business Program Representations (FEB 2024) FAR 52.225-18 Place of Manufacture (AUG 2018) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications (JUN 2020) FAR 52.233-2, Service of Protest (SEPT 2006)

FAR PROVISIONS INCORPORATED BY FULL TEXT:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision—

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization

Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It _ will, X 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, X 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.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES –

REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and

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

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management

(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it _ does, X 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, X does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.204-29 FEDERAL ACQUISTION SUPPLY CHAIN SECURITY ACT ORDERS –

REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal

Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase “FASCSA order” in the System for

Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition

Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the

Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: See BASIS FOR CONTRACT AWARD/EVALUATION CRITERIA for evaluation criteria.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS

(MAY 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…