AMNISURE ROM TESTING KITS-Combined Synopsis-Solicitation.pdf

Combined Synopsis/Solicitation W81K0023Q0177

Combined Synopsis/Solicitation IAW FAR Subpart 12.6

AmniSure ROM Test (Rupture of [fetal] Membranes test) for Bayne Jones Army Community Hospital (BJACH), at Fort Polk, Louisiana

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

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

1. The solicitation number W81K0023Q0177 and is issued as a Request for Quotation (RFQ).

2. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01 and Defense Federal Acquisition Regulation Supplement Publication Notice (DPN) 20230131.

3. This acquisition is conducted as Unrestricted Full and Open Competitive. The North American Industrial Classification System (NAICS) Code that best fits this requirement is 334516- Analytical Laboratory Instrument Manufacturing. Small Business Size Standard: 1,000 employees. All eligible businesses may submit an offer, which will be considered.

4. The Government intends to make award based on the initial quote submissions without conducting interchanges.

Therefore each quote should contain the quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to hold interchanges if, during the evaluation, it is determined to be in the best interest of the Government, IAW FAR 52.212-1(g). Interchanges are fluid interaction(s) between the Contracting Officer (CO) and the contractors that may address any aspect of the quote and may or may not be documented in real time. However, the Government reserves the right to conduct interchanges using Interchange Notices (IN).

Vendor responses to the INs will be considered in making the order selection decision. Interchanges may be conducted with one, some or all offerors as the Government is not required to conduct interchanges with any or all vendors responding to this solicitation.

5. See the attached solicitation Schedule of Supplies/Services (Reference Atch 3) for applicable contract line items (CLINS), quantities and units of measures.

6. Supplies: This requirement is for supplies in support of the Bayne Jones Army Community Hospital (BJACH), Fort Polk, Louisiana to provide Positive and Negative Controls #ASQC-010 for the positive and negative controls of PAMG-1 and AmniSure ROM Test #FMRT-1-25-US of which uses the principles of immunochromatography to detect human PAMG-1 protein present in amniotic fluid. The test employs highly sensitive monoclonal antibodies that detect even a minimal amount of PAMG-1, which is present in cervicovaginal discharge after rupture of fetal membranes. These supplies are vital to Bayne Jones Army Community Hospital (BJACH) mission. The Contractor shall provide all the supplies, equipment, material, and personnel and any other items as defined IAW Performance Work Statement (PWS). The scope is defined by the Performance Work Statement (PWS) (Reference Atch 4). The requirement is for a one (1) year base period plus four (4) twelve-month option periods (01 October 2023 – 30 September 2028).

7. The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services, applies to this acquisition.

ADDENDUM TO FAR 52.212-1 QUOTATION PREPARATION INSTRUCTIONS

(a) To assure timely and equitable evaluation of quotations, quoters must follow the instructions contained herein.

Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award. Quoters must clearly identify any exceptions to the solicitation terms and conditions and provide complete accompanying rationale.

(b) Offerors shall submit quotes in electronic form via email no later than 2:00 P.M., Central Time (CT)((San Antonio, Texas)), 10 August 2023. The point of contact is Ms. Tammi Lambert, Contract Specialist, at tammi.r.lambert.civ@health.mil and J. Chris Finkenstadt, Contracting Officer, at john.c.finkenstadt2.civ@health.mil

Offers shall be submitted via e-mail only. Quotes received after 2:00 P.M., CT on 10 August 2023 will be late and will not be considered for award. Failure to submit the required documentation as specified in the following paragraphs will make the Offeror non-compliant and ineligible for award. It is vital that Offerors follow instructions provided and adhere to page limits specified.

Questions shall be submitted via e-mail to Ms. Tammi Lambert, Contract Specialist, at tammi.r.lambert.civ@health.mil and J. Chris Finkenstadt, Contracting Officer, at john.c.finkenstadt2.civ@health.mil not later than 2:00 P.M., CT 8 August 2023. No questions will be entertained after this date. Do NOT submit multiple emails for questions. Answers to vendor questions will be posted to SAM.gov.

Note: Only electronic (e-mail) quotes will be accepted. Offers submitted by any other method are unacceptable.

Each volume shall be submitted as a separate file in .pdf format, with the files names clearly identifying the volume number and contractor’s name. Pricing shall be submitted on an Excel spreadsheet formatted using the supply schedule on page 53 of this combined synopsis/solicitation. A pdf of pricing is not required. Pricing information shall be included in Volume III – Pricing only and shall not be included or summarized in any other volume. The quote shall not contain any extraneous information such as advertisements or marketing information.

Files larger than 20MB may need to be transmitted in separate emails. All emails, regardless of size, need to be received by the Government server, by the stated submission deadline. The Government will not be responsible for any failure of transmission or receipt of the quote, or any failure of the Offeror to verify receipt of the emailed quote.

All quotes submitted after the deadline will be considered untimely and ineligible for award.

The quote shall be clear, concise and include sufficient detail for effective evaluation and for substantiation of the validity of stated claims. Responses to this solicitation shall strictly adhere to the requirements set forth in the solicitation. Therefore, each initial quote should contain the Offeror’s best terms for technical and price.

Submissions that do not adhere to format and content requirements will be considered non-complaint. The Government reserves the right to eliminate any such quotes from consideration for award.

The quote shall be prepared in three (3) separate volumes as follows.

• Volume I – Administrative

• Volume II – Factor 1 - Technical

• Volume III – Factor 2 - Pricing

(c) Address any questions, clarifications or concerns you may have via email to: Tammi R. Lambert, tammi.r.lambert.civ@health.mil and J. Chris Finkenstadt, john.c.finkenstadt2.civ@health.mil

(d) Exceptions taken to terms and conditions of the RFQ, to any of its attachments, or to other parts of the RFQ shall be identified. Provide rational in support of the exception and fully explain its impact, if any, on the performance, schedule, cost and specific requirements of the RFQ. Failure to comply with the terms and conditions of the RFQ may result in the quoter being removed from consideration for award.

8. The provision at 52.212-2, Evaluation—Commercial Products and Commercial Services, applies to this acquisition.

VOLUME I – ADMINISTRATIVE

Volume I – Administrative shall include the following:

mailto:tammi.r.lambert.civ@health.mil mailto:john.c.finkenstadt2.civ@health.mil

1. A summary or title page identifying the Offeror, the full address, phone, DUNS number, CAGE code, point(s) of contact (POC(s)) of the Offeror, and the solicitation number. Offeror shall include a statement that the Offeror agrees to hold the offered prices firm for 90 calendar days after the quote closing date.

(Page limit: 1 page)

2. A completed copy of PAGE 1 ONLY of the SF 1449 and any amendments to the solicitation, if any are issued, with the signature of a corporate officer authorized to negotiate for the company. Electronic signature is acceptable. Do not include the entire SF 1449.

5. Representations and Certifications. Offerors shall be registered in the SAM with the appropriate NAICS Code and shall not have any Active Exclusions listed within SAM. If the Offeror is currently registered in SAM with completed representations and certifications, an affirmation on the title page (or separate page) that these representations and certificates are current, complete, and accurate as of the date quotes are due shall suffice. Otherwise, the Offeror shall complete and include with its quote one (1) copy of the following provisions located within the solicitation: FAR Provision 52.212-3, Offeror Representations and Certifications, Alternate I; FAR Provision 52.209-7, Information Regarding Responsibility Matters; plus any other provisions herein.

VOLUME II – FACTOR 1 – TECHNICAL

The technical quote, Volume II. Offerors shall address and be able to meet all requirements and specifications outlined in the solicitation to be considered. Statements that the Offeror understands, can or will comply with all specifications, or statements paraphrasing the specifications of parts thereof, or phrases such as “standard procedures will be used” or “well-known techniques will be used” will be considered unacceptable. Insufficient explanations may result in your offer receiving an UNACCEPTABLE rating.

The Offeror shall demonstrate via a corporate "resume" that they supported by supplying AMNISURE ROM TESTING KITS within the 24 of the last 36 months by the closing date of the solicitation. Failure to demonstrate sufficient experience shall cause the offer to be rated as unacceptable.

VOLUME III – FACTOR 2 - PRICING

The Offeror shall submit proposed pricing for all contract line-item numbers (CLINS) identified in the solicitation in an Excel set up like the supply schedule on page 53 of this combined synopsis/solicitation.

The Pricing Worksheet shall be submitted in Microsoft Excel format using the enclosed supply schedule as a template with all formulas intact. Offerors shall ensure the formulas and totals accurately reflect the pricing data proposed. Provide total pricing for the base period and each option period, as well as a grand total of the entire quote. Cost and Pricing Data is not required under competitive and commercial acquisitions; however, if only one quote is received - Other than Certified Cost or Pricing data may be required.

(m) The Government will award a contract resulting from the solicitation to the responsible Offeror whose quote conforms to the solicitation and is the most advantageous to the Government, price and other factors considered.

(End of Addendum to 52.212-1)

ADDENDUM TO FAR 52.212-2 EVALUATION PROCEDURES

Reference FAR 52.212-2, paragraph (a) is hereby tailored as follows:

Paragraph (a) is hereby replaced with the following:

(a) Award will be made using the lowest price technically acceptable (LPTA) source selection process.

Award will be made to the responsible Offeror on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-cost factors. Award is anticipated to be made without discussions with Offerors (except communications conducted for the purpose of minor clarification). Therefore, each initial offer should contain the Offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the Contracting Officer to be necessary. The following factors and subfactors shall be used to evaluate offers:

(i) Technical

(ii) Price

If five (5) or fewer quotes are received, the Government will evaluate all quotes for technical acceptability. If more than five (5) quotes are received, the Government will then evaluate the five (5) lowest priced quotes for Technical Acceptability. However, the Government reserves the right to evaluate additional quotes for technical acceptability if deemed to be in the Government’s best interest. If additional quotes are evaluated for technical acceptability, they will be evaluated in the order of increasing total evaluated price, when the agency determines that none of the initial five (5) lowest priced quotes are qualified as acceptable. The agency will reject and not consider for award any quote found technically unacceptable and ineligible for award under the terms of this RFQ, in the absence of interchanges.

The evaluation process shall proceed as follows:

1. Technical:

Technical acceptability ratings reflect the Government’s confidence in each Offeror’s product, as demonstrated in its submission, to meet the requirements set forth in the solicitation. The Government will make an independent judgment of the acceptability. To receive consideration for award, an Acceptable rating must be achieved for Factor 1 – Technical

The Government will evaluate the quoter's capabilities to provide the Positive and Negative Controls #ASQC-010 and AmniSure ROM Test #FMRT-1-25-US supplies as stated in the RFQ. The supplies recommended by the quoter will be evaluated in how they satisfy all of the Performance Work Statement (PWS), Salient Characteristics and performance objectives provided in the RFQ instructions. Each salient characteristic and performance objective will be rated individually as either 'acceptable' or 'unacceptable' and any performance objective receiving an 'unacceptable' will make the quoter ineligible for award.

Any quote submitted with more than 5 pages will result in an unacceptable rating.

Failure to address EACH performance objective in sufficient detail with an unambiguous response will result in an unacceptable rating.

Failure to include a certified query of the List of Excluded Individuals and Entities (LEIE) or the TRICARE Sanctioned Provider List of any current or future employees within the quote will result in an unacceptable rating.

ACCEPTABLE To receive this rating, the Offeror shall meet or exceed the requirements set forth in solicitation. In addition, the Offerors technical quotation sufficiently explained how they are capable and intend to meet all requirements and specifications required by the solicitation and have the requisite experience of a similar magnitude.

UNACCEPTABLE An unacceptable rating will be assessed on any Offeror that presents items that demonstrate any of the following:

Failure to provide sufficient detail for the Government to determine whether the Offeror is capable to satisfactorily meet the requirements of this solicitation.

2. Price:

The Government will evaluate quotes for award purposes by overall total price. Quoters are required to accurately complete the Schedule of Supplies/Services (Reference Atch 3). Incomplete Schedule of Supplies/Services or quotes could indicate lack of understanding of the requirement and may result in the entire quote being determined unacceptable or eliminated from further consideration.

Price will not be scored or rated. The Government will evaluate quoters for award purposes by adding the total price for all options to the total price for the basic requirement. For evaluation purposes, the Total Evaluated Price (TEP) is the sum of all CLINs combined. Evaluation of options shall not obligate the Government to exercise the option(s). The TEP will be evaluated for fair and reasonableness.

Fair and reasonableness: A price is fair and reasonable if, in its nature and amount, does not exceed that which would be incurred by a prudent person in the conduct of competitive business. The Government will use any of the procedures of FAR 13.106-3(a) to make a fair and reasonable determination on TEP.

Pricing will be reviewed to determine reasonableness based on market research.

Options. The Government will evaluate quoters for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). The last option year prices will be valid for any extensions.

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

Note: The government intends to award without interchanges. The government reserves the right to enter into interchanges, if deemed necessary by the Contracting Officer, to include price clarifications.

END OF ADDENDUM TO 52.212-2

9. Quoter(s) is(are) required to include a completed copy of the provisions at 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services, with their quote. A quoter shall complete only paragraph (b) of this provision if the contractor has completed the annual representations and certifications electronically via http://www.sam.gov. If a quoter has not completed the annual representations and certifications electronically at the SAM website, the contractor shall complete only paragraphs (c) through (o) of this provision.

10. The Government will award a single contract resulting from this RFQ to the responsible quoter whose supplies are technically acceptable and quotes the lowest overall price.

11. The clause at 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services, applies to this acquisition and also Addendum to FAR 52.212-4.

12. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Deviation), all FAR clauses cited in the clause are applicable to the acquisition.

http://www.sam.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1623_228226 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1815_266657

13. Additional contract requirement(s) or terms and conditions: See attached.

14. Defense Priorities and Allocations System (DPAS) and assigned rating: N/A

15. Complete quotation is due NLT 2:00PM CST on 10 August 2023. It is each contractor’s responsibility to ensure their quote and all data is complete and IAW the RFQ. The government assumes no responsibility for late or incomplete responses to the RFQ. Late responses will be processed IAW FAR 52.212-1(f).

17. POC: Tammi R. Lambert, tammi.r.lambert.civ@health.mil and J. Chris Finkenstadt, john.c.finkenstadt2.civ@health.mil,

18. NOTICE TO QUOTERS: The Government reserves the right to cancel this RFQ either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse any offeror for any costs.

4 Attachments:

1. Applicable Clauses and Provisions

2. Additional Information

3. Schedule of Supplies/Services

4. Performance Work Statement (PWS), Salient Characteristics with Performance Requirement Summary (PRS)

ATTACHMENT 1

APPLICABLE CLAUSES AND PROVISIONS

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

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 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations— Representation

NOV 2015

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

FEB 2016

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services MAR 2023

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

DEC 2022

52.217-5 Evaluation of Options JUL 1990 mailto:tammi.r.lambert.civ@health.mil mailto:john.c.finkenstadt2.civ@health.mil

52.222-22 Previous Contracts and Compliance Reports FEB 1999

52.222-25 Affirmative Action Compliance APR 1984 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—

Representation

DEC 2016

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-1 Payments APR 1984

52.232-18 Availability Of Funds APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023

52.242-15 Stop-Work Order AUG 1989 52.244-6 Subcontracts for Commercial Products and Commercial Services DEC 2022

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 252.203-7005 Representation Relating to Compensation of Former DoD Officials SEP 2022

252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors

FEB 2019

252.204-7006 Billing Instructions-Cost Vouchers MAY 2026 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services— Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022

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

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

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

MAY 2019

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

252.215-7007 Notice of Intent to Resolicit JUN 2012

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7001

Buy American and Balance of Payments Program JAN 2023

252.225-7002 Qualifying Country Sources as Subcontractors MAR 2022

252.225-7012 Preference for Certain Domestic Commodities APR 2022 252.225-7020 Trade Agreements Certificate NOV 2014 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

DEC 2022

252.225-7055 Representation Regarding Business Operations with the Maduro Regime MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime JAN 2023

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

JUN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors—Prohibition on

Fees and Consideration

DEC 2022

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Products or Commercial Services JAN 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.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

As prescribed in 4.2105(c), insert the following provision:

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

https://www.acquisition.gov/far/part-4#FAR_4_2105

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-2 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:

Factor 1: Technical Capability Factor 2: Price

Refer to Addendum 52.212-2.

(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.

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (DEC 2022)

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

"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.

https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

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

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

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

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

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

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

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

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

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

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

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and https://www.acquisition.gov/far/part-52#FAR_52_204_25

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

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

CFR 121.103.

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

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-121

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.

https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b)

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

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

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

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

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

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

(7) Economically disadvantaged women-owned…