Attachment 1 _ Synopsis-Solicitation (WIDS).pdf

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PRISM Wireless Intrusion Detection System (WIDS)/ IPMS
Solicitation number
HHM40226Q0028
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Summary: Request for Quotation (RFQ) - Wireless Intrusion Detection Systems

This is a Request for Quotation issued by the Defense Intelligence Agency for a Wireless Intrusion Detection System (WIDS) to be installed at USCENTCOM facilities in Tampa, Florida. The procurement is a brand-name, sole-source acquisition for CACI PRISM equipment manufactured by Ctl-Systemware, justified by existing infrastructure compatibility, integration requirements with current security monitoring systems, DoD approval for SCIF/SAPF environments, specific technical capabilities for simultaneous detection of cellular, Wi-Fi, and Bluetooth transmissions with geolocation, and compliance with SECDEF Memo dated 30 June 2023. Only authorized resellers meeting CACI/Charon Technologies certification and NASA SEWP V authorization are eligible to respond.

Proposals must be submitted electronically via SAM.gov no later than 10 days after posting at 4:00 PM Eastern Time. The solicitation includes 21 contract line items (CLINs 0001-0021) valued across hardware (112 PRISM sensors at various facilities), software licenses, warranty services, installation/integration services (192 hours), travel (4 trips), on-site training, and shipping. Award will be made using Lowest Price Technically Acceptable (LPTA) procedures based on complete pricing of all CLINs. Technical acceptability requirements include demonstrated compatibility with proprietary Charon Technologies hardware/software, Ctl-Systemware equipment manufacture, installation personnel with minimum Secret clearance (TS/SCI preferred), professional on-site training capability, and compliance with all delivery and warranty requirements. The period of performance is 06/28/2026-06/27/2027. Offerors must provide completed FAR/DFARS provisions, current SAM.gov authorization, manufacturer authorization letters if applicable, and End-User License Agreements.

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DEFENSE INTELLIGENCE AGENCY

WASHINGTON, D.C. 20340

UNCLASSIFIED

WIRELESS INTRUSION DETECTION SYSTEMS

INSTRUCTIONS TO OFFERORS

1. SUBMISSION REQUIREMENTS

a. Proposals, quotations, or capability statements must be submitted electronically via SAM.gov portal no later than 10 days after this notice is posted at 4:00 PM Eastern Time.

b. Proposals, quotations or capability statements, shall include:

Technical proposal addressing all CLINs Price proposal using attached pricing schedule Completed provisions: 52.204-24, 52.204-26, 52.212-3 Alt I, 252.204-7016, and 252.204-7017 Current SAM.gov authorization documentation Manufacturer authorization letter (if applicable) Copy of applicable End-User License Agreements (EULAs)

2. BRAND NAME JUSTIFICATION

This procurement requires CACI PRISM brand name equipment based on:

Existing USCENTCOM infrastructure compatibility. Existing infrastructure compatibility requirements at Buildings 565, 570, and 3451

Integration with current security monitoring systems DoD-approved for SCIF/SAPF environments Specific capability to simultaneously detect cellular, Wi-Fi, and Bluetooth transmissions with geolocation Compliance with SECDEF Memo "Security Review Follow-on Actions" dated 30 June 2023 Only source for required technical capabilities Charon Technologies, LLC (CACI subsidiary) is sole provider

AUTHORIZED RESELLERS:

Must provide proof of authorized reseller status Must be CACI/Charon Technologies certified partner Must be NASA SEWP V authorized contractor

3. EVALUATION CRITERIA

This procurement will be awarded using Lowest Price Technically Acceptable (LPTA) procedures.

a) Technical Acceptability Determination: Offerors must demonstrate the ability to provide:

- All items listed in the pricing schedule (CLINs 0001-0021)

- Compatibility with already utilized proprietary Charon Technologies, LLC hardware and software.

- Equipment manufactured by Ctl-Systemware as specified

- Installation services by personnel with minimum Secret clearance (TS/SCI preferred)

- Professional on-site training

- Compliance with all delivery and warranty requirements

- Valid SAM.gov contract authorization

- Security clearances for installation personnel verified

- Complete pricing for all CLINs (Base Year)

b) Price Evaluation:

The total evaluated price will be calculated as the sum of Base Period CLINs 0001-0021.

The lowest priced, technically acceptable offer will be selected for award.

Offerors must price all CLINs or risk non-consideration

TECHNICAL EVALUATION PASS/FAIL - NOT RATED

RFQ – PRISM WIDS (Wireless Intrusion Detection Systems)/IPMS Agency Tracking ID: (832-0001-26-Z)

Prepare for:

Virginia Contracting Activity

ATTN: CFO HQ

Bolling AFB, Bldg. 6000 Washington, DC 20340-5100 Phone: (703) 735-6405

Deliver to:

USCENTCOM

Attn: SSO/Gregory Anderson 2851 Zemke Ave Bldg. 565 Tampa FL 33621 Gregory.L.Anderson22.civ@mail.mil

*Authorized Resellers only

**Brand Name

***Please include a copy of any applicable End-User License Agreements (EULAs) when quoting.

**** NAICS Code: 334290; Small Business Size Standard: 1,250 Employees

Instruction to Offerors (ITO): All responsible sources may submit a proposal, quotation or capability statement which shall be considered by the DIA, in accordance with FAR 15.207(c)(16)(ii), in response to this solicitation over SAM.gov in .pdf format, detailing the CLIN number, manufacturer, product/part number, description of goods, year of delivery, price per unit, quantity, price per year, and overall price. In addition, please also complete the appropriate fill-ins and return the following Provisions/Clauses incorporated in full below: 52.204-24; 52.204-26; 52.212-3 and its Alternate 1; 252.204-7016; and 252.204-7017 (note: The fill-in sections have been highlighted below). Quotes must be provided within the timeframe established within the SAM.gov Solicitation. Quotes provided outside of said timeframe may not be considered.

The proposed contract action is for supplies or services for which the DIA intends to solicit and negotiate with only one source under authority of 10 U.S.C. § 3204(b). Interested persons may identify their interest and capability to respond to the requirement or submit proposals or quotations. This notice of intent is not a request for competitive proposals or quotations. However, all proposals or quotations received within 10 days after date of publication of this synopsis will be considered by the Government. A determination by the Government not to compete this proposed contract based on responses to this notice is solely within the discretion of the government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

BUSINESS INFORMATION:

SAM.gov registration verification DUNS number CAGE code Small business status (if applicable)

The Government intends to purchase the following items below. This requirement can be fulfilled by Brand Name. An award decision will be made based on Lowest Price Technically Acceptable (LPTA). The Price calculation will be made from the total sum for the base and option years. Technical Acceptability is determined by offering the requested brand name products, in the requested quantities, and for the requested option years.

Absence of option years within a quote may cause said quote to not be considered. Once reviewed for technical acceptability, the quote with the lowest total price will be the apparent winner.

CLIN

Manufacturer

Part #

Description of Goods or Service

QTY

(Each)

Unit Price

Total

0001 Ctl- Systemware

P10A PRISM Sensors (Unique Hardware) (Bldgs. B565, B570, B3451)

112 $______ $_________

0002 Ctl- Systemware

W1HA PRISM Warranty (Annual) 336 $______ $_________

Ctl- Systemware

P10B PRISM PoE+ Adapter (Unique Hardware) (Bldgs. B565, B570, B3451)

112 $______ $_________

0003 Ctl- Systemware

P3BA

A

Central Processing System License System Software/Modules (Unique Software Licenses) Pack A (Bldgs. B565, B570, B3451) w/25 License

3 $______ $_________

0004 Ctl- Systemware

P3BAB Central Processing System Module - 25 License Pack (B565 and B570)

2 $______ $_________

0005 Ctl- Systemware

P3BAC Central Processing System Module - 25 License Pack (B565) Package (Unique Software License) (B565)

1 $______ $_________

0006 Ctl- Systemware

RM1E CPS Micro-Controller- B34k 1 $______ $_________

0007 Ctl- Systemware

P1AA Enhanced Monitoring Solutions package W/3 Additional Years

1 $______ $_________

Period of Performance (Base Period) 06/28/2026-06/27/2027

SUBMISSION DEADLINE: 10 Days after this Posting AT 12:00 PM EST

SW and HW Assurance/Maintenance. - Spectrum Guard PRO System (240 GHZ/Sec, IF Record, Signal Fingerprint)

0008 Ctl- Systemware

P14A Enhanced Monitoring Solutions package W/3 Additional Years SW and HW Assurance/Maintenance - Circuit Guard

2 $______ $_________

0009 Ctl- Systemware

P5A Enhanced Monitoring Solutions package W/3 Additional Years SW and HW Assurance/Maintenance - SignalFly

2 $______ $_________

0010 Ctl- Systemware

P8A Enhanced Monitoring Solutions package W/3 Additional Years SW and HW Assurance/Maintenance - NetworkGuard 5G

2 $______ $_________

0011 Ctl- Systemware

W1CA, Enhanced Monitoring Solutions package W/3 Additional Years SW and HW Assurance/Maintenance - Spectrum Guard PRO System Warranty (Annual)

3 $______ $_________

0012 Ctl- Systemware

W1N Enhanced Monitoring Solutions package W/3 Additional Years SW and HW Assurance/Maintenance - SignalFly Warranty (Annual)

6 $______ $_________

0013 Ctl- Systemware

W1O Enhanced Monitoring Solutions package W/3 Additional Years SW and HW Assurance/Maintenance - NetworkGuard 5G Warranty (Annual)

6 $______ $_________

0014 Ctl- Systemware

W1P Enhanced Monitoring Solutions package W/3 Additional Years SW and HW Assurance/Maintenance - CircuitGuard Warranty (Annual)

6 $______ $_________

0015 Ctl- Systemware

ES1G Miscellaneous items (switches, etc.) Network Infrastructure Installation - if required (see attached SOWs for description of

1 Lot the network infrastructure implementation and deliverables -

ODC - B565

0016 Ctl- Systemware

ES1G Other Direct Costs (ODCs) - B570 1 Lot $______ $_________

0017 Ctl- Systemware

ES1G Other Direct Cost (ODCs) - B4351 1 Lot $______ $_________

0018 Ctl- Systemware

ES1D, Professional Installation/Integration & Testing Services (Bldgs. 565, 570, 3451), (Hrs)

0019 Ctl- Systemware

ES1F Travel - IPMS System Configuration/Support Multiple Trips; 4 x Installs)

Trips

0020 Ctl- Systemware

T1A Training (On-Site) - Professional On-Site Training (One Instructor)

(CONUS)

1 $______ $_________

0021 Shipping (Bldgs. 565, 570, 3451) 1 $_______ $_________

TOTAL BASE YEAR PRICE

Hardware device and/or Software package, to include maintenance, support and/or warranty services for hardware device and/or software package shall be purchased directly from the vendor or the vendor’s Certified/Authorized Gold Level re-seller/partner. Acquisition shall be for “brand-new, TAA-compliant equipment” from the Original Equipment Manufacturer (OEM), where neither the OEM nor the re-seller shall substitute refurbished, grey market equipment or other vendor’s products/services. All internal equipment and sub-assemblies (i.e. hard drives, RAM, power supplies, daughter cards, etc.) must come directly from the OEM and/or their authorized re-seller. Furthermore, the re-seller cannot integrate parts that were previously located within the vendor’s spares or stock.

1. The certified/authorized re-seller shall not make purchases from the consumer-side of the OEM, but shall be made from the OEM’s federal-side. Nor shall purchases be made from sources or channels that service overseas clients.

2. Shipments shall not originate from foreign soil/locations and/or distribution centers, for direct deliveries to the customer, nor shall there be any direct or drop shipments from foreign soil/locations and/or distribution centers. Initial addressing and labeling documents to the U.S. customer shall be affixed on U.S. soil.

3. Ensure RFQ is sent only to SAM.gov authorized and certified re-sellers/partners, authorized by the OEM to sell the specific make/model to the specific customer type.

4. The re-seller agrees and consents to a “no-cost” cancellation if, upon inspection after delivery, the product is found to be non-compliant for any of the following reasons:

a. Any products provided are not recognized or acknowledged by the OEM as new and/or original products.

b. Products have not been sourced via the supply chain designated for Federal customers.

c. The product is determined to be ineligible for warranties and other services or options provided by the manufacturer.

d. Re-seller was not authorized by the manufacturer to sell the product in the U.S.

e. Product does not meet TAA-Compliance requirements.

f. Re-seller does not meet the Next Business Day or Defective Media Retention policies.

The following FAR provisions/clauses are incorporated by reference:

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-7 System for Award Management 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-17 Ownership or Control of Offeror 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.204-20 Predecessor of Offeror 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 52.204-22 Alternative Line-Item Proposal

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.204-27 Prohibition on a ByteDance Covered Application 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.211-6 Brand Name or Equal 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services 52.219-13 Notice of Set-Aside of Orders 52.219-13 Notice of Set-Aside of Orders --Alternate I 52.219-28 Post-Award Small Business Program Representation

52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program

52.222-19 Child Labor—Cooperation with Authorities and Remedies 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 52.222-35 Equal Opportunity for Veterans 52.222-37 Employment Reports on Veterans 52.222-50 Combating Trafficking in Persons 52.223-23 Sustainable Products and Services 52.224-1 Privacy Act Notification

52.224-2 Privacy Act 52.225-13 Restrictions on Certain Foreign Purchases

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

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.227-11 Patent Rights—Ownership by the Contractor 52.232-1 Payments 52.232-8 Discounts for Prompt Payment 52.232-23 Assignment of Claims 52.232-25 Prompt Payment 52.232-31 Invitation to Propose Financing Terms 52.232-33 Payment by Electronic Funds Transfer—System for Award Management 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-1 Disputes 52.233-3 Protest after Award 52.233-4 Applicable Law for Breach of Contract Claim 52.239-1 Privacy or Security Safeguards 52.243-1 Changes—Fixed Price 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)

The following DFARS provisions/clauses are incorporated by reference:

252.201-7000 Contracting Officer's Representative 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7000 Disclosure of Information 252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced 252.204-7003 Control of Government Personnel Work Product 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements 252.204-7020 NIST SP 800-171 DoD Assessment Requirements 252.204-7022 Expediting Contract Closeout 252.204-7024 Notice on the use of the Supplier Performance Risk System

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

252.211-7003 Item Unique Identification and Valuation 252.211-7008 Use of Government-Assigned Serial Numbers 252.215-7007 Notice of Intent to Resolicit 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors 252.223-7008 Prohibition of Hexavalent Chromium 252.225-7012 Preference for Certain Domestic Commodities 252.225-7048 Export-Controlled Items 252.225-7055 Representation Regarding Business Operations with the Maduro Regime 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Representation 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government 252.227-7039 Patents--Reporting of Subject Inventions 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments

252.243-7001 Pricing of Contract Modifications 252.244-7000 Subcontracts for Commercial Products or Commercial Services 252.244-7001 Contractor Purchasing System Administration--Alternate I 252.246-7005 Notice of Warranty Tracking of Serialized Items 252.246-7006 Warranty Tracking of Serialized Items 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System 252.246-7008 Sources of Electronic Parts 252.247-7023 Transportation of Supplies by Sea--Basic

The following FAR/DFARS provisions/clauses are incorporated by full text:

52.204-24

Representation Regarding Certain Telecommunicatio ns and Video Surveillance Services or Equipment

NOV

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26

Covered Telecommunicatio ns Equipment or Services-- Representation

OCT

(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

(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:

(i) technical capability of the item offered to meet the Government requirement; (ii) price;

Technical capability is of equal importance when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

52.212-3

Offeror Representations and Certifications— Commercial Products and Commercial Services

MAY

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

(a) Definitions. As used in this provision—

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

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

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

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

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—

(1) (i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

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

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

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

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

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

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

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

Small business concern—

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

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

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

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

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

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

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

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

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

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

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

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

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

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

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

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

(5) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

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

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

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

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

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

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

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

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

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

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

(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance. The offeror represents that-

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

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

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

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

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

(2) Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___

[List as necessary]

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

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

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ___

[List as necessary]

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

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products…

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