Attachment 2 - Combined Synopsis-Solicitation.pdf

SOLICITATION NO. N00173-24-Q-HH01

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal

Acquisition Regulations (FAR) Subpart 13.5, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation documents and incorporated provisions are those in effect through Federal Acquisition

Circular 2021-06 and NMCARS 18-18.

General Information

Solicitation Type Request for Quote, FAR Subpart 13.5

Solicitation Number N00173-24-Q-HH01

Posted Date April 22, 2024

Response Date / Time May 22, 2024, 5PM EST

NAICS Code 334510

Size Standard 1,250 Employees

Product or Service Code 5860

Set-Aside N/A

Contract Type Firm-Fixed-Price (FFP)

Point(s) of Contact Helena Hudson, Contract Specialist, helena.k.hudson2.civ@us.navy.mil

Arthur J. Rego, Contracting Officer, arthur.j.rego.civ@us.navy.mil

All changes to this solicitation that occur prior to the closing date will be issued via amendment posted to the announcement on Contract Opportunities (SAM.gov). It is the responsibility of interested vendors to monitor the announcement for amendments that may be issued to this solicitation. For changes made after the closing date, only those entities that provide a quote will be provided any changes/amendments and considered for future discussions and/or award.

Questions must be submitted to the Point(s) of Contact listed above no later than five (5) days after the

Posted Date.

Requirement Information

The Naval Research Laboratory (NRL) in Washington, DC has a requirement for the procurement of one (1) tunable pulse laser system. This laser system needs to be comprised of: 1) a fundamental laser and 2) an optical system for parametric amplification and wavelength conversion.

The anticipated line item structure as follows is based on the items outlined in Attachment 1 - Salient

Characteristics-TunablePulsedLaser:

Item Schedule of Supplies/Services Quantity Unit Unit Price Amount

0001 Tunable Pulse Laser System 1 EA $ $

TOTAL PRICE $ $

In accordance with FAR 52.204-22, alternative line items structures that best reflect the Offeror’s practices and proposed items may be submitted.

The Offeror shall provide products that meet or exceeds the below specification requirements. Quotes shall be detailed enough to allow for a technical evaluation to validate that ALL the below requirements have been met by mailto:helena.k.hudson2.civ@us.navy.mil mailto:arthur.j.rego.civ@us.navy.mil the proposed product(s). A quote not sufficiently addressing each required technical element below may be rejected as non-compliant.

The required tunable pulsed laser system needs to be comprised of:

1) a fundamental pulsed laser, and

2) an optical system for parametric amplification and wavelength conversion.

1) Fundamental laser system specifications:

A hands-free, turn-key, high-power output pulsed laser with >60W average power at 1035nm, in a single sealed box, with computer control and software GUI. Laser system must provide fully variable repetition rates, variable pulse length and integrated modulation capabilities for pulse picking and rep rate down selection. A more detailed summary is as follows:

60W, 60uJ, 1MHz or 80uJ at 750kHz

Beam quality: TEM00 with M2 < 1.2, Beam circularity >85%

On board AOM for down selection of repetition rate from single shot to 50MHz.

Software controlled user variable pulse width from < 350fs to >10ps.

All fiber single pass MOPA design from seed laser to main amplifier.

On board pulse width monitor and energy monitor.

Single box design with no distributed seed laser or pump diodes in a separate box.

Seeder includes mode-locking SESAM shifter for long life operation.

Three-point kinematic mount on laser head for superior long term stable operation in diverse ambient temperatures.

Integrated onboard active cleaning engine to maintain cleanliness of laser housing in harsh environments throughout the life of the laser.

HASS/HALT testing protocol, B10 > 22,500hrs

RS232, Ethernet, and USB interface with remote access.

Laser vendor must be able to provide remote service (to remotely diagnose performance and system issues), field-service visits by trained technicians, and even outright replacement of the laser from stock if necessary.

2) Parametric amplification and wavelength conversion:

An Optical Parametric amplifier (OPA) is required that uses the pulses from the amplified femtosecond laser system of item 1. The OPA must have computer-controlled tuning, and along with harmonic wavelength conversion crystals will provide ultrafast optical pulses from 325nm to 2500nm. A more detailed summary of specifications is as follows:

Tuning range 650 - 900 nm (signal) and 1200 - 2500 nm (idler), with >10% conversion efficiency from pump (signal + idler), with compressors to deliver 25-75 fs pulses (signal) and 40-100 fs pulses (idler)

Tuning 900-1025nm, and 1045-1200 nm with <300 fs pulses

Second harmonic device for tuning from 325-450nm and 600-1250nm.

Second harmonic device for tuning from 325-510nm and 525-1250nm.

Computer and control software to enable computer-controlled wavelength tuning.

Installation and training of laser system.

Delivery and Other Requirement Information

Required Delivery Date 15 weeks after award

Delivery Location Receiving Officer

Contract Number: TBD

ATTN: Marc Currie

CODE: 5614

LOCATION:

Naval Research Laboratory

4555 Overlook Ave SW

Washington, DC 20375

Inspection / Acceptance

Destination - All items delivered under this action will be inspected/accepted by the Government within thirty (30) days of delivery.

FOB Point Destination

DPAS N/A

Quotation Submission Information

(a) Submission: Quotations shall be submitted electronically via email to the Point(s) of Contact by the Response

Date/Time identified in the General Information Section above. A confirmation of receipt will be provided, but it is the sole responsibility of the offeror to ensure that its response is received in its entirety and in a timely manner.

(b) Quote Requirements: Offerors shall provide a quote with their proposed products and pricing, along with product literature for the items being quoted so that compliance with the specifications can be evaluated. The quote shall also include:

1. Description of standard commercial warranty and any extended warranty (if not described in the Offerors standard terms and conditions).

2. If shipping is not priced as a separate line item, a statement that shipping is included in the overall price of the items.

(c) Company Information: The Offeror shall ensure the following information is submitted:

Company Name

Address

CAGE / DUNS Number

Web Page URL

Company point of contract, phone # and email

(e) System for Award Management (SAM): Offerors must be registered in SAM (www.sam.gov) in order be considered for award. Offerors shall complete all fill-in provisions, including FAR 52.212-3, Offeror

Representations and Certifications-Commercial Items, included in full-text below. This provision requires the completion of reps and certs in SAM with the completion of paragraph (b) of the provision. If the Offeror has not completed the annual representations and certifications electronically in SAM, the Offeror shall complete only paragraphs (c) through (v) of this provision.

Evaluation and Basis for Award

(a) Award will result from the technically acceptable quote with the lowest evaluated price (Lowest Price

Technically Acceptable (LPTA)). A Offeror must receive a rating of Low Risk or Neutral for past performance in order to be considered for award.

The Government reserves the right to award with limited exchanges to clarify certain aspects of quotes; however, the Government anticipates making award without discussions. The following factors shall be used to evaluate quotes:

http://www.sam.gov/

1. Technical Acceptability:

Acceptable: Quote meets the minimum requirements of the solicitation

Not Acceptable: Quote does not meet the minimum requirements of the solicitation

2. Supplier’s Past Performance

IAW DFARS 252.213-7000, the contracting officer shall consider data available in the statistical reporting module of the Supplier Performance Risk System (SPRS) regarding the supplier’s past performance history for the PSC and/or NAICS of the supplies being purchased.

Ratings:

o Low Risk: SPRS Supplier Risk Score of Blue, Purple, or Green, indicating a higher score in

SPRS and are therefore, considered to have a lower risk of poor contract performance o High Risk: SPRS Supplier Risk Score of Yellow or Red, indicating a lower score in SPRS and are therefore, considered to have a higher risk of poor contract performance o Neutral: In the case of a supplier without a record of relevant past performance history in

SPRS for the NAICS or PSC of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history.

3. Price Reasonableness

The Government anticipates making a determination of fair and reasonable price based on competitive quotes.

If only one response is received, the Government may use other methods as described at 13.106-3(a)(2).

Applicable Provisions / Clauses

All clauses and provisions can be found on the following websites:

Federal Acquisition Regulation (FAR) – https://www.acquisition.gov/browse/index/far

Defense Federal Acquisition Regulation Supplement (DFARS) – https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

• https://www.acq.osd.mil/dpap/dars/class_deviations.html

Navy Marine Corps Acquisition Regulation Supplement (NMCARS) -https://www.secnav.navy.mil/rda/DASN-P/Pages/NMCARS.aspx

The following clauses will be incorporated into the resultant award:

CLAUSE # TITLE SECTION FULL OR

REFERENCE

52.246-2 INSPECTION OF SUPPLIES--FIXED PRICE (AUG 1996) E R

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) E R

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS

(DEC 2018)

G F

52.202-1 DEFINITIONS (NOV 2013) I R

52.203-3 GRATUITIES (APR 1984) I R

52.203-6 ALT I RESTRICTIONS ON SUBCONTRACTOR SALES to

GOVERNMENT (SEP 2006)--ALTERNATE I (OCT 1995)

I R

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR

2014)

I R

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

I R

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED

PAPER (MAY 2011)

I R

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards (OCT 2018)

I R

52.204-13 System for Award Management Maintenance (OCT 2018) I R

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY

MAINTENANCE (JUL 2016)

I R

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

I R

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (JUN 2016)

I R

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB (JUL 2018).

I R

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG

2019)

I R

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (OCT 2015))

I R

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (Nov 2015)

I R

52.212-4 CONTRACT TERMS AND CONDITIONS--

COMMERCIAL ITEMS (OCT 2018)

I R

52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (Deviation 2020-O0008)(MAR 2020)

I R

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

(Deviation 2020-O0008) (OCT 2020)

I R

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT

2018)

I R

52.219-14 (Dev) LIMITATIONS ON SUBCONTRACTING (Deviation 2020-

O0008) OCT 2020)

I F

52.219-33 NONMANUFACTURER RULE (MAR 2020) (DEVIATION

2020-O0008)

I R

52.222-3 CONVICT LABOR (JUN 2003) I R

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR

2015)

I R

52.222-26 EQUAL OPPORTUNITY (SEP 2016) I R

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) I R

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH

DISABILITIES (JUL 2014)

I R

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016) I R

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEC 2010)

I R

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020) I R

52.223-5 Pollution Prevention and Right-to-Know Information (May

2011)

I R

52.223-10 Waste Reduction Program (May 2011) I R

52.223-18 CONTRACTOR POLICY TO BAN TEXT MESSAGING

WHILE DRIVING (AUG 2011)

I R

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

(Feb 2021)

I R

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB

2021)

I R

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--

SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

I R

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED

OBLIGATIONS (JUN 2013)

I R

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (DEC 2013)

I R

52.233-1 DISPUTES (MAY 2014) I R

52.233-3 PROTEST AFTER AWARD (AUG 1996) I R

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM (OCT 2004)

I R

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF

FORMER DOD OFFICIALS (SEP 2011)

I R

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (SEP 2013)

I R

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) I R

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK

PRODUCT (APR 1992)

I R

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF

THIRD-PARTY CONTRACTOR REPORTED CYBER

INCIDENT INFORMATION (OCT 2016)

I R

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION

AND CYBER INCIDENT REPORTING (DEC 2019)

I R

252.204-7015 DISCLOSURE OF INFORMATION TO LITIGATION

SUPPORT CONTRACTORS (MAY 2016)

I R

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED

DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES (JAN 2021)

I R

252.204-7020 NIST SP 800-171 DoD Assessment Requirements (NOV

2020)

252.211-7008 USE OF GOVERNMENT ASSIGNED SERIAL NUMBERS

(SEP 2010)

I R

252.213-7000 NOTICE OF PROSPECTIVE SUPPLIERS ON THE USE OF

SUPPLIER PERFORMANCE RISH SYSTEM IN PAST

PERFORMANCE EVALUATION (SEP 2019)

I R

252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND

DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS—

BASIC (SEP 2014)

I R

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (MAY

2011)

I R

252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS

PROGRAM (DEC 2017)

I R

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC

COMMODITIES (DEC 2017)

I R

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013) I R

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

AND RECEIVING REPORTS (DEC 2018)

I R

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) I R

252.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS - PROHIBITION OF FEES AND

CONSIDERATION

I R

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) I R

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND

COMMERCIAL COMPONENTS (DOD CONTRACTS)

(JAN 2021)

I R

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA - - BASIC

(FEB 2019)

I R

52.212-5

(DEVIATION)

CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (DEVIATION 2013-O0019) (MAR

2020)

I F

52.222-19

(DEV)

CHILD LABOR--COOPERATION WITH AUTHORITIES

AND REMEDIES (DEVIATION 2020-O0019) (JUL 2020)

I F

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REPRESENTATION (NOV 2020)

I F

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) I F

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (Nov 2020) I F

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION

(MAR 2016)

I F

252.225-7052 RESTRICTION ON ACQUISITION OF CERTAIN

MAGNETS AND TUNGSTEN (OCT 2020)

I F

Addenda to FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

AUTHORIZED GOVERNMENT REPRESENTATIVE

Authorized Government Representative (AGR) for Inspection and Acceptance- *, Code *, Telephone number

*, email: *@nrl.navy.mil. *To be completed at award mailto:*@nrl.navy.mil

The following provisions are applicable to this solicitation:

Offerors shall submit full text provisions with any required fill-ins with its quote.

CLAUSE # TITLE SECTION FULL OR

REFERENCE

252.203-7005 REPRESENTATION RELATING TO COMPENSATION

OF FORMER DOD OFFICIALS (NOV 2011)

K R

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED

DEFENSE INFORMATION CONTROLS (OCT 2016)

K R

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) L R

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING (JUL 2016)

L R

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017) L R

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL

ITEMS (JUN 2020)

L R

252.215-7008 ONLY ONE OFFER (JUL 2019) L R

252.215-7010

(Dev)

REQUIREMENTS FOR CERTIFIED COST OR PRICING

DATA AND DATA OTHER THAN CERTIFIED COST OR

PRICING DATA (DEVIATION 2020-O0020) (AUG 2020)

L R

252.215-7013 SUPPLIES AND SERVICES TO BE PROVIDED BY

NONTRADITIONAL DEFENSE CONTRACTORS (JAN

2018)

L R

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT.

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or

Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and

Certifications-Commercial Items. 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 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 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— https://www.sam.gov/

(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)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the

Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021), Alternate I (OCT

2014)

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

(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— 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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic

Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, 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 the field of operation in which it is bidding on Government contracts, 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— 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

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

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

Women-owned 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.

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.

(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 Items, 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 will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

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

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

(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 CFR124.1002.

(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 concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-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

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

__________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.]

The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

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

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of

Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern

Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri

Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

(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.

(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.

(iii) The terms "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

[List as necessary] http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1

(3) 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.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "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 Bahrainian, 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 Bahrainian, 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.

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary] https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3

(iv) 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 I. If Alternate I 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 Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

[List as necessary]

(3) 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 Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade

Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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 Free Trade Agreement country…