Attachment IV Solicitation Provisions (RFQ).pdf

Attachment IV Solicitation Provisions El Salvador (ZB-P-LEC) Communication Equipment

Attachment IV Solicitation Provisions

FAR Provisions The following FAR Provision is hereby incorporated in this solicitation:

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

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

https://www.acquisition.gov/

(End of provision)

The Offeror must comply with the FAR provisions in the table below that the Contracting Officer has indicated as being incorporated in this solicitation by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

Incorporated Provision # and Title Provision Effective Date ☒ 52.203-11 Certification and Disclosure Regarding

Payments to Influence Certain Federal Transactions SEP 2024

☒ 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation JAN 2017

☒ 52.204-7 System for Award Management NOV 2024 ☐ 52.204-90 Offeror Identification (DEVIATION 25-

19) AUG 2025

☐ 52.207-6 Solicitation of Offers from Small Business

Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) AUG 2024

☐ 52.209-12 Certification Regarding Tax Matters OCT 2025 ☒ 52.212-1 Instructions to Offerors- Commercial

Products and Commercial Services (DEVIATION

25-21) AUG 2025

☐ 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products FEB 2021

Incorporated Provision # and Title Provision Effective Date ☐ 52.222-48 Exemption from Application of the

Service Contract Labor Standards for Maintenance, Calibration, or Repair of Certain Equipment- Certification (DEVIATION 26-10) OCT 2025

☐ 52.222-52 Exemption from Application of the Service Contract Labor Standards for Certain Services-Certification (DEVIATION 26-10) OCT 2025

☐ 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan OCT 2020

☐ 52.223-4 Recovered Material Certification MAY 2008 ☐ 52.225-2 Buy American Certificate OCT 2022 ☐ 52.225-4 Buy American-Free Trade Agreements-

Israeli Trade Act Certificate (DEVIATION 26-09) OCT 2025 ☐ 52.225-6 Trade Agreements-Certificate FEB 2021 ☒ 52.229-11 Tax on Certain Foreign Procurements-

Notice and Representation JUN 2020 ☒ 52.233-2 Service of Protest (DEVIATION 25-25) AUG 2025 ☒ 52.240-90 Security Prohibitions and Exclusions

Representations and Certifications (DEVIATION

25-23) AUG 2025

The provision at 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES is supplemented as follows:

General Instructions:

Offerors must submit their quotations in accordance with the instructions detailed below. The Government intends to evaluate and make an award in accordance with FAR Part 12. Therefore, Offerors are strongly encouraged to submit their best technical and pricing terms in their initial quotation, as the Government is not obligated to conduct discussions/communications prior to award.

Quotations must be organized into two separate documents:

a) Volume I - Technical Capability

b) Volume II - Price and Administrative Certifications

Failure to provide the requested information in the format specified may result in the quotation being deemed unacceptable. Offerors should not include Volume I, "Technical Capability", information in Volume II, "Price and Administrative Certifications."

Questions must be emailed to the Contracting Officer, Kerri Dolezal at kerri.l.dolezal@uscg.mil no later than 2:00 pm ET on Monday, August 17th, 2026. Answers will be posted as an amendment to this solicitation.

Paragraph (a), The Offeror must submit an electronic version of their quote in either Microsoft Word or Adobe.pdf format (Volume I) and Microsoft Excel (Volume II) format via email to the

Contracting Officer, Kerri Dolezal at kerri.l.dolezal@uscg.mil no later than 2:00 pm ET on Tuesday, September 1st, 2026.

The quote must include the following:

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer

(EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management

(SAM));

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments; and

(7) A statement confirming the Offeror agrees to hold prices in its offer firm through 9/30/2026.

Please note that email size limitations apply. USCG servers cannot accept individual email transmissions larger than 10MB. Therefore, please separate quote volumes into separate submissions, and indicate “email 1 of X” when submitting packages. It is up to the Offeror to verify receipt of all emails to ensure the full quote is received.

Volume I – Technical Capability Offerors must submit a comprehensive technical package that allows the Government to assess the capability of the Offeror to successfully perform the requirements in Attachment I SOW. The page limit for Volume I submissions (excluding any cover sheets or Table of Contents) is fifteen

(15) pages. Volume I content exceeding 15 pages will not be evaluated. Volume I must not use smaller than size 10 Font. Volume I must include the following:

a) Corporate Previous Experience: The Offeror must provide at least two (2) examples of contracts in which they performed site surveys, provided recommendations on land-to-sea tactical communication equipment, procured, installed, tested, and trained operators on the equipment associated with similar communication purpose to the requirements in Attachment I SOW no earlier than August 2021 (i.e., within the previous five (5) years). Experience with testing aboard a small vessel using live-voice testing with active marine traffic, equipment installation and training within the SOUTHCOM area of responsibility, as well as the ability to provide training in Spanish, is preferred.

b) Technical Approach: The Offeror must submit a description of the Offeror’s methods, processes, procedures, personnel, and proposed labor categories for managing Task A and each area of Task B in Attachment I Statement of Work (SOW §§ 4.3–4.4).

The Offeror must explain its approach to fulfilling all SOW requirements, including work performed by the prime contractor and, if applicable, any teaming partners or subcontractors.. The Offeror must also confirm possession of an active Defense Base Act

(DBA) insurance policy or the ability to obtain a DBA insurance policy (CLIN 0002) for the in-country site survey work.

c) Schedule: The Offeror must submit a schedule (SOW § 3.3) in calendar days, starting from the Day of Award (Day 0) covering receipt of award through Task A (§ 4.3) and submission of all five (5) Condition Found Reports (CFR).

Volume II - Price and Administrative Certifications

a) Pricing Schedule: The Offeror must submit a fully completed Attachment II Pricing Schedule to support Task A CLINs.

• Completeness: Offerors must provide unit and extended prices for all CLINs (0001–

0003), labor categories/grades, fully burdened labor rates and hours for each personnel, and projected site survey travel breakdown.

• Formatting: All pricing must be proposed to two (2) decimal places only.

b) Responsibility and Certifications: To facilitate the Contracting Officer's responsibility determination under FAR Subpart 9.1, the Offeror must submit the following:

• Confirmation of active registration in SAM.gov (include UEI number).

• Completed representations and certifications, specifically including FAR 52.209-7, and FAR 52.229-11, if not fully updated and accessible within SAM.gov. If an Offeror checks “does not have” in provision 52.209-7, no additional posting in SAM.gov to meet paragraph (c) is required.

• Any exceptions taken to this solicitation must be clearly spelled out in Volume II. By submission of its quote, the Offeror acknowledges that any exceptions taken to the solicitation risk its quote not earning the contract award.

End of Supplement

The following FAR provisions are hereby incorporated in this solicitation in full text:

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (NOV

2025) (DEVIATION 25-27)

(a) Definitions. As used in this provision— Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment Page 39 of 465 of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

FAR 52.212-2, EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (AUG 2025) (DEVIATION 25-21)

Paragraph (a) of this provision is deleted in its entirety and replaced with the following:

(a) In accordance with FAR 12.203, the Government will evaluate quotations using comparative evaluation. The evaluation focuses on technical compliance with the SOW, price, and past performance. The Government will not use formal scoring, competitive range determinations, or evaluation plans. While the Government intends to evaluate quotes and make an award without initial communications, the Contracting Officer reserves the right to communicate with Offerors or solicit revised quotations if the Contracting Officer determines it necessary.

The Government will award a contract resulting from this solicitation to the responsible Offeror whose conforming quotation will be the most advantageous overall value to the Government, considering price and other factors.

Evaluation Process & Timeliness

The Government intends to conduct this acquisition in an efficient and minimally burdensome fashion. The Government will consider all quotations that the agency receives on time.

Basis for Award / Comparative Evaluation

The Contracting Officer has broad discretion in establishing how to evaluate quotations. The evaluation procedures for this procurement are not subject to FAR Part 15 or FAR Part 14. The Government will evaluate quotes by comparing them directly to one another to determine which quote provides the best overall value.

The following factors shall be used to evaluate quotes:

Comparative Evaluation

Evaluation Factor Description

1. Technical Capability The Government will evaluate the Offeror's technical volume to determine whether it meets or exceeds the requirements outlined in the Statement of Work (SOW). Quotes that exceed the minimum requirements in a way that provides a tangible benefit to the Government may be considered more favorably during the comparative evaluation.

The Government will conduct a cross-volume verification to ensure data consistency and accuracy across the Offeror’s submission.

2. Past Performance The Government will evaluate the Offeror's past performance to assess the likelihood of successful contract performance. The Government may use information obtained from other sources (e.g., CPARS, SAM.gov Responsibility / Qualification (R/Q) report, or direct reference checks).

3. Price The Government will evaluate the total proposed price for reasonableness.

Best Value Determination:

The Contracting Officer will holistically compare Technical Capability, Past Performance, and Price without using rigid weighting systems or adjectival ratings. The Government will award the contract to the Offeror who provides the greatest overall benefit.

Technical Capability Sub-Factor Evaluation Criteria Comparative

Advantage Corporate Previous Experience

The Government will evaluate the Offeror’s corporate previous experience in relation to performing site surveys, providing recommendations on land-to-sea tactical communication equipment, as well as procuring, installing, testing, and training operators on equipment associated with a similar communication purpose. Evaluators will assess whether at least two (2) examples of contracts were provided that met the above criteria. Only efforts performed on or after August 2021 (within the past five (5) years) will be considered.

Experience testing aboard a small vessel using live-voice testing with active marine traffic will be evaluated more favorably. Experience performing training in Spanish will be evaluated even more favorably.

Experience performing equipment installation and training within the SOUTHCOM area of responsibility will be evaluated most favorably.

Technical Approach and Schedule

The Government will evaluate the Offeror’s methods, processes, procedures, personnel, and proposed labor categories for managing Task A and each area of Task B in Attachment I Statement of Work (SOW §§ 4.3–4.4) to ensure the Offeror’s understanding of the scope. Evaluators will assess whether the labor mix proposed for conducting Task A’s site survey is appropriate. Evaluators will assess whether the Offeror either confirmed possession of an active Defense Base Act (DBA) insurance policy, or confirmed their ability to obtain a DBA insurance policy for the in-country site survey work prior to traveling. The Government will assess the Task A schedule for realism, logical sequencing, feasibility, and alignment with SOW Section 3.3. The Offeror must format the entire timeline in

Task A schedules that provide a highly transparent, low-risk timeline, or offer a realistic, expedited Task A schedule without compromising quality as a better value will be evaluated more favorably.

calendar days, beginning from the Day of Award (Day 0) through the delivery of a Condition Found Report (CFR) for each of the five (5) locations.

Past Performance The Government will evaluate the Offeror’s past performance to assess the risk of unsuccessful contract performance. The Government will review the Offeror’s relevant Contractor Performance Assessment Records System (CPARS) records, view the Responsibility/Qualification (R/Q) report from SAM.gov, and may utilize data obtained from other sources.

The Government defines Relevant as contracts of a similar nature, scope, and complexity performed within the past five (5) years from the date of this solicitation.

Past Performance Evaluation Past Performance

Category Evaluation Criteria Comparative Advantage

Acceptability Offerors must not demonstrate a record of past performance so adverse that it poses a threat of poor performance under this planned award. If an Offeror lacks a record of relevant past performance, the Government will evaluate the Offeror neutrally and will not evaluate them favorably or unfavorably.

The Government will compare the past performance records of acceptable Offerors. The evaluators may consider Offerors demonstrating a history of highly successful, "Very Good," or "Exceptional" performance on relevant contracts as a better value and lower risk than Offerors with merely "Satisfactory" records.

Price The Government will evaluate the Offeror’s completed Attachment II Pricing Schedule. The Government will determine the total evaluated price for Task A by adding the extended prices for all Contract Line-Item Numbers (CLINs).

Price Evaluation

Pricing Factor Evaluation Criteria

Price Reasonableness The Contracting Officer must determine the proposed price to be fair and reasonable. Whenever possible, the Government intends to base its determination of price reasonableness on a comparison of the competitive quotations. If the Government does not obtain adequate competition, the Contracting Officer reserves the right to utilize other commercial price evaluation techniques.

Completeness The Offeror must include all unit and extended prices for Task A CLINs 0001-0003, labor categories/grades, labor rates, and projected site survey

Price Evaluation travel breakdown. Proposed travel rates (hotel, M&IE, per diem) will be verified against the foreign travel allowances noted in SOW § 2.2.7.

Formatting Offerors must propose pricing to two decimal places only; the Government will truncate any decimals beyond the hundredth place.

Calculation Verification The Government will verify that all proposed totals add up correctly. If a discrepancy exists between a unit price and an extended price, the unit price will govern. The Government may deem submissions with incomplete pricing or significant omissions unacceptable and remove them from further consideration.

At contract award, the Contracting Officer will include a pre-priced CLIN for Task B - Growth Work (SOW § 4.4) to secure unused Partner Nation funds that would otherwise expire before Task B’s pricing can be defined in post-award. Growth Work is not part of the Government’s price evaluation at this time.

Responsibility and Certifications (Non-Comparative) Prior to award, the Contracting Officer must determine the prospective awardee is responsible in accordance with FAR Subpart 9.1. This constitutes a pass/fail compliance check and does not form a part of the comparative evaluation. The Government will verify the Offeror maintains an active registration in SAM.gov without active exclusions, the Offeror qualifies as a small business under the size standard corresponding to the NAICS code assigned to this solicitation (NAICS 238210) and is listed as a small business in the SBA certification database, and that the Offeror has submitted or completed all required self-certifications (including FAR 52.209-7 and FAR 52.229-11) within SAM.gov. If the Offeror fails to provide required certifications or meet responsibility standards, the Contracting Officer will render the Offeror ineligible for award.

(End of Provision)

FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020).

(a) Definitions. As used in this provision- Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1)A citizen or resident of the United States;

(2)A domestic partnership;

(3)A domestic corporation;

(4)Any estate (other than a foreign estate, within the meaning of 26 U.S.C.

701(a)(31)); and (5)Any trust if– (i)A court within the United States is able to exercise primary supervision over the administration of the trust; and (ii)One or more United States persons have the authority to control all substantial decisions of the trust.

(b)Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c)Exemptions from withholding under this provision are described at 26 CFR 1.5000C- 1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d)For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1)It [_] is [_] is not a foreign person; and (2)If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the

Offeror represents that—I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e)If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1)The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2)The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W- 14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f)If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g)A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

HOMELAND SECURITY ACQUISITION REGULATION (HSAR) PROVISIONS

The following HSAR provisions are hereby incorporated into this solicitation in full text with supplements attached as necessary:

3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS

ACQUISITION OF COMMERCIAL ITEMS (JUL 2023)

The Offeror agrees to comply with any provision that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision in effect is based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions are incorporated by reference as checked by the Contracting Officer:

Incorporated Provision # and Title Provision

Effective Date ☐ 3052.216-70 Evaluation of Offers Subject to an

Economic Price Adjustment Clause

JUN 2006

☐ 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program

JUN 2006

☒ 3052.247-70 F.O.B. Origin Information DEC 2003

☒ 3052.247-71 F.O.B. Origin Only DEC 2003

☐ 3052.247-72 F.O.B. Destination Only DEC 2003

(End of Provision)

(End of HSAR Provisions)

(End of Solicitation Provisions)