Bus sol v1.pdf
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- Attached to
- Luxury Buses, Vans and SUVs Federal contract opportunity
- Solicitation number
- N0018925Q0560
About this file
This is a Combined Synopsis/Solicitation issued by NAVSUP Fleet Logistics Center Norfolk for transportation services to support the Navy Marine Corps 250-Year Celebration (NMC250) in Philadelphia and surrounding areas. The solicitation seeks to procure three luxury 56-passenger buses, three black luxury 8-passenger SUVs (GMC Yukon XL or Chevrolet Suburban), and three black luxury 15-passenger vans, all with unlimited mileage. The vehicles will be used from October 9-15, 2025, with an optional bus rental on October 14, 2025. Vehicles are required to have blackout or tinted windows and will be dropped off and picked up at specific locations in downtown Philadelphia.
The procurement will be conducted as a full and open competition under FAR Part 12 "Commercial Items" and FAR Part 13.5 "Simplified Acquisition Procedures". The associated NAICS code is 485510 with a small business size standard of $19 million. The contract will be firm-fixed-price, and potential vendors must be registered in the System for Award Management (SAM). An optional line item includes additional expenses such as fuel, EZ-Pass for tolls, and parking fees within 10 miles of specified hotels. Quotes are due by an unspecified date, with the solicitation documents to be available for download on SAM.gov on or about September 16, 2025.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Questions.pdf | ||
| USFF Transportation Services PWS.v5.pdf | ||
| Bus sol v2.pdf | ||
| Small Business Coordination Record_Redacted.pdf | ||
| Pricing Sheet buses.pdf |
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Text version
N0006026NMC250BUS
Combined Synopsis/Solicitation N0018925Q0560
The NAVSUP Fleet Logistics Center Norfolk, Contracting Department, Norfolk, VA intends to award a firm fixed-price contract. This requirement will be solicited as full and open competition in accordance with FAR Part 12
“Commercial Items”, and FAR Part 13.5 “Simplified Acquisition Procedures”. This procurement action is for three luxury buses and four luxury SUVs IAW the PWS.
A request for quote will be available for download on or about 16 September 2025 at the following website:
https://www.sam.gov. Potential vendors are hereby notified that the solicitation and subsequent amendments to the solicitation will ONLY be available by downloading the documents at the above web sites. This office will no longer issue hard copy solicitations. By submitting a quote, the vendor will be self-certifying that neither the requestor nor the principal corporate officials and owners are currently suspended, debarred, or otherwise ineligible to receive contracts from any federal agency. Failure to do so may represent grounds for refusing to accept the quote. Through its submission, the vendor acknowledges the requirement that a prospective awardee must be registered in the System for Award Management (SAM) database prior to award, during performance and through final payment of any contract resulting from this solicitation, except for award to foreign vendors for work to be performed outside the United States. Lack of registration in the SAM database will make a vendor ineligible for award.
The associated North American Industrial Classification System (NAICS) code for this procurement is 485510 with a small business size standard of $19 million. The proposed contract action is for supplies for which the Government intends to solicit and award a Firm, Fixed Price contract.
Interested persons may identify their interest and capability to respond to the requirement and submit quotes. The proposed contract based upon responses to this notice is solely within the discretion of the Government. The Small
Business Office concurs with this determination.
CLIN
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 3 Each $ $ Luxury buses
FFP
Three (3) luxury 56-passenger buses, automatic, with blackout or tinted windows, unlimited mileage included.
TIMES- 10/10: 0800 - 2200
10/11: 0800 – 10/12: 0100
10/12: 0800 – 2200
FOB: Destination
PURCHASE REQUEST NUMBER: N0006026NMC250BUS
PSC CD: V222
NET AMT $
0002 3 Each $ $ Black luxury SUVs without drivers
FFP
Three (3) black luxury 8-passenger GMC YUKON XL or Chevrolet Suburban
SUVs, automatic, with blackout or tinted windows, unlimited mileage included. To be dropped off with USFFC in downtown Philadelphia at a specific location determined after award and picked up at the same location. Dropoff to be at 1700
EST on 10/09 and Pickup to be at 1000 EST on 10/15.
FOB: Destination
0003 3 Each $ $ Black luxury Vans without drivers
FFP
Three (3) black Luxury 15-passenger vans, automatic, with blackout or tinted windows, unlimited mileage included. To be dropped off with USFFC in downtown Philadelphia at a specific location determined after award and picked up at the same location. Dropoff to be at 1700 EST on 10/09 and Pickup to be at 1000
EST on 10/15.
FOB: Destination
0004 1 Each $ $ OPTION Option: Luxury bus
FFP
One (1) luxury 56-passenger bus, automatic, with blackout or tinted windows, unlimited mileage included. Times: 0800 - 1400
0005 1 Each $ $ OPTION Option: SUVs Additional Expenses
FFP
Vendor shall provide Fuel, EZ-Pass for Tolls, and Parking fees for the rental duration. Parking shall be within ten (10) miles of the following hotels:
4.4.1. Sonesta Philadelphia Rittenhouse Square, 1800 Market St, Philadelphia, PA
19103.
4.4.2. Philadelphia Marriott Old City, One Dock St, Philadelphia, PA 19106
0006 1 Each $ $ OPTION Option: Vans Additional Expenses
FFP
Vendor shall provide Fuel, EZ-Pass for Tolls, and Parking fees for the rental duration. Parking shall be within ten (10) miles of the following hotels:
5.4.1. Sonesta Philadelphia Rittenhouse Square, 1800 Market St, Philadelphia, PA
19103.
5.4.2. Philadelphia Marriott Old City, One Dock St, Philadelphia, PA 19106.
INSPECTION AND ACCEPTANCE
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
0004 Destination Government Destination Government
0005 Destination Government Destination Government
0006 Destination Government Destination Government
DELIVERIES AND PERFORMANCE
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 10-OCT-2025 TO
12-OCT-2025
N/A US FLEET FORCES
CAPT CRAIG EUBANK
BUILDING NH3A EAST
1562 MITSCHER AVE, SUITE 250
NORFOLK VA 23551-2487
000-000-0000
N00060
0002 POP 09-OCT-2025 TO
15-OCT-2025
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 09-OCT-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 14-OCT-2025 TO
14-OCT-2025
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 09-OCT-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 09-OCT-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
Section Contract Clauses
ADDENDUM TO FAR 52.212-1
The Government intends to award a Firm, Fixed-Price (FFP) contract as a result of this solicitation in accordance with FAR Part 12 and FAR Part 13. Award will be made to that vendor whose quote represents the best value to the
Government under the selection criteria set forth in this solicitation. The Government intends to evaluate quotes and award a contract based on initial quotes. Therefore, the vendor's initial quote should contain the vendor's best terms from a Price standpoint.
The Government intends to award the contract without exchanges. The establishment of a competitive range is not anticipated. Accordingly, each vendor should submit its most favorable terms from a price standpoint. However, the Government may contact any or all vendors with questions concerning their responses as permitted under FAR
Part 13. The Government reserves the right to award an FFP contract to other than the lowest cost vendor; award a
FFP contract without exchanges; or award a FFP contract after exchanges, whichever is in the best interest of the
Government.
Vendors are hereby instructed that, regardless of any language that may be used in this solicitation, the
Government is NOT conducting this procurement under FAR Part 15. This procurement is being conducted under
FAR Part 13.
QUESTIONS: Vendors may submit questions regarding clarification of solicitation requirements via email to
James Keegan at james.p.keegan7.civ@us.navy.mil and Samantha Miller at samantha.a.miller77.civ@us.navy.mil.
It is requested that all questions be received by 23 September 2025 by 3:00 PM Eastern Time, as time may not permit responses to questions received after that date to be prepared and issued prior to the receipt of quotations.
FOR SUBMISSIONS OF VENDORS:
a. Quotes shall be submitted electronically no later than the due date of the solicitation via email to James
Keegan at james.p.keegan7.civ@us.navy.mil and Samantha Miller at samantha.a.miller77.civ@us.navy.mil. Vendor shall comply with the detailed instructions for the format and content of the quotes contained herein; quotes that do not comply may be considered unacceptable and may render the quote ineligible for award. All electronic files and versions of vendors’ quotes shall be compatible with the current release of Microsoft Office Suite version 2010 (Excel). The vendor shall be responsible for ensuring that their electronic quotes are virus free.
b. Vendors shall comply with all instructions for submitting quotes and attachments.
Factor I – Price
This volume shall include completed solicitation documents and additional supporting documentation described below:
• Completed price list that provides individual pricing for each CLIN as detailed in the solicitation.
• All supplemental information to support the quoted price.
mailto:james.p.keegan7.civ@us.navy.mil mailto:samantha.a.miller77.civ@us.navy.mil mailto:james.p.keegan7.civ@us.navy.mil mailto:samantha.a.miller77.civ@us.navy.mil
• Unless completed in SAM, RFP, Representations, Certifications and Other Statements of Offerors completed by the quoter.
All price information shall be contained in the price quote. No price information shall be included in any other volume including cover letters. The vendor is responsible for submitting sufficient information to enable the
Government to fully evaluate its’ price quote. The completion and submission of the above items will constitute a quote and will indicate the vendor’s unconditional assent to the terms and conditions of this RFQ and any attachments hereto.
ADDENDUM TO FAR 52.212-2
The Government will award a single award contract with Firm, Fixed Price (FFP) Provisions as a result of this solicitation and in accordance with the policies and procedures of FAR Part 12 and FAR Part 13. Award will be made to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the
Government, price and other factors considered.
The Government intends to award a contract without exchanges. The establishment of a competitive range is not anticipated. Accordingly, each quoter should submit its most favorable terms from a price standpoint. However, the
Government reserves the right to establish a competitive range and conduct exchanges if later determined by the
PCO to be necessary. The Government reserves the right to award a firm, fixed-price award to other than the lowest priced quoter; award a FFP award without exchanges; or award a FFP contract after exchanges, whichever is in the best interest of the Government.
All quotes will be reviewed for timeliness. Timely quotes will also be reviewed for compliance to the solicitation. If the quote is not compliant with the material terms of the solicitation, it may not be evaluated and the vendor will be notified that the quote is non-responsive.
Factor I –Price
A vendor’s quoted price will be determined by adding all extended amounts for all CLIN(s) which are comprised of all items listed within the quote. Although price is not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the quotes in relation to the other factors on which selection is to be based. The importance of price will also increase when a vendor’s price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the quote. If, at any stage of the evaluation, all vendors are determined to have submitted equal, or virtually equal, quotes, price could become the factor in determining which vendor shall receive the award.
Price will be evaluated in accordance with FAR Part 13. The Government may evaluate any and all information submitted by the quoter to support the reasonableness of prices quoted. The method of evaluation used by the
Contracting Officer is solely within the discretion of the Contracting Officer. Additionally, the government may request quoters to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items or uncertified cost and pricing data. Failure to submit the requested information may result in disqualification of the submitted quote.
The Government will award on the basis of price unless the contracting officer is aware of past performance information related to the low price quote which indicates that quote may not represent best value. In that case, the
Government reserves the right to consider the past performance of other quotes, conduct a price, past performance tradeoff, and award to other than the lowest price quote.
3. Written Notice
A written notice of award or acceptance of a quote e-mailed or otherwise furnished to the successful vendor within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party.
Before the quote’s specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
NAVSUP LOCAL TEXT
THE FOLLOWING NAVSUP LOCAL TEXT IS HEREBY MADE PART OF THE STATEMENT OF
WORK/PERFORMANCE WORK STATEMENT.
AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER
(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.
(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.
(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the
Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:
Samantha Miller
Contracting Department Code 215
1968 Gilbert Street Suite 600
Norfolk, VA 23511-3392
Telephone: (757) 443-1959
JOINT VENTURE LANGUAGE
A small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of
FAR solicitation provision 52.212-3, Offeror Representations and Certifications-Commercial Products and
Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program
Representations, in accordance with
52.204-8(d) and 52.212-3(b) for the following categories:
(A) Small business;
(B) Service-disabled veteran-owned small business;
(C) Women-owned small business (WOSB) under the WOSB Program;
(D) Economically disadvantaged women-owned small business under the WOSB
Program; or
(E) Historically underutilized business zone small business.
PWS
SPECIFICATIONS LIST - USFF C
PROCURE TRANSPORTATION SERVICES FOR NAVY MARINE CORP 250-Year Celebration
(NMC250)
1. Place of Performance: Near Downtown Philadelphia, PA; Camden, NJ; and surrounding areas.
2. Required Performance Period:
2.1.1. Luxury Buses: October 10, 2025 through October 12, 2025 with an option of October 14, 2025
2.1.2. SUVs: October 09, 2025 through October 15, 2025
2.1.3. Vans: October 09, 2025 through October 15, 2025
3. Luxury Buses Scope: This project order will procure three (3) luxury buses in support of NMC250 celebration for United States Fleet Forces Command (USFFC).
3.1 Requirements
3.1.1. Provide a total of three (3) luxury buses in support of USFFC NMC250 celebration for VIPs in and around the downtown area of Philadelphia, PA and Camden, NJ.
3.1.2. The vendor is required to provide buses with drivers.
3.1.3. The vendor shall provide the following items:
QTY Description Dates Times
3 Three (3) luxury 56-passenger buses, automatic, with blackout or tinted windows, unlimited mileage included.
Oct. 10, 2025 -
Oct. 12, 2025
10/10: 0800 - 2200
10/11: 0800 – 10/12: 0100
10/12: 0800 – 2200
1 -
Optional
One (1) luxury 56-passenger bus, automatic, with blackout or tinted windows, unlimited mileage included.
Oct. 14, 2025 0800 - 1400
4. SUVs Scope: This project order will procure three (3) Luxury SUVs in support of NMC250 celebration for
USFFC.
4.1. Requirements
4.1.1. Provide a total of three (3) Luxury black SUVs in support of USFFC NMC250 celebration for VIPs in and around the downtown area of Philadelphia, PA and Camden, NJ.
4.1.2. The vendor is required to provide SUVs without drivers.
4.3. The vendor shall provide the following items:
QTY Description Dates
3 Three (3) black luxury 8-passenger GMC YUKON XL or Chevrolet Suburban
SUVs, automatic, with blackout or tinted windows, unlimited mileage included. To be dropped off with USFFC in downtown Philadelphia at a specific location determined after award and picked up at the same location. Dropoff to be at 1700
EST on 10/09 and Pickup to be at 1000 EST on 10/15.
Oct. 09, 2025 -
Oct. 15, 2025
4.4. OPTION (to be priced separately): Vendor shall provide Fuel, EZ-Pass for Tolls, and Parking fees for the rental duration. Parking shall be within ten (10) miles of the following hotels:
4.4.1. Sonesta Philadelphia Rittenhouse Square, 1800 Market St, Philadelphia, PA 19103.
4.4.2. Philadelphia Marriott Old City, One Dock St, Philadelphia, PA 19106.
5. Vans Scope: This project order will procure three (3) Luxury Vans in support of NMC250 celebration for
USFFC.
5.1. Requirements
5.1.1. Provide a total of three (3) Luxury black Vans in support of USFFC NMC250 celebration for VIPs in-and-around the downtown area of Philadelphia, PA and Camden, NJ.
5.1.2. The vendor is required to provide Vans without drivers.
5.3. The vendor shall provide the following items:
QTY Description Dates
3 Three (3) black Luxury 15-passenger vans, automatic, with blackout or tinted windows, unlimited mileage included. To be dropped off with USFFC in downtown Philadelphia at a specific location determined after award and picked up at the same location. Dropoff to be at 1700 EST on 10/09 and Pickup to be at 1000
EST on 10/15.
Oct. 09, 2025 -
Oct. 15, 2025
5.4. OPTION (to be priced separately): Vendor shall provide Fuel, EZ-Pass for Tolls, and Parking fees for the rental duration. Parking shall be within ten (10) miles of the following hotels:
5.4.1. Sonesta Philadelphia Rittenhouse Square, 1800 Market St, Philadelphia, PA 19103.
5.4.2. Philadelphia Marriott Old City, One Dock St, Philadelphia, PA 19106.
6. Post-Implementation: The Government Technical Point of Contact (GTPOC) will perform inspection and final acceptance of equipment.
7. Government Representative: LCDR Sam Willard, USFFC, 1562 Mitscher Ave, Ste. 250, Norfolk, VA, 23511.
8. SUPTXT203.1106-1 (3-18) NAVY USE OF ABILITYONE SUPPORT CONTRACTOR - RELEASE OF
OFFEROR INFORMATION (Mar18)
NAVSUP FLC Norfolk may utilize contractor support through the AbilityOne Program, as needed, to perform contract closeout functions for this acquisition. Information, including business sensitive/confidential or proprietary data, that the offeror provides to the Government or information already in the possession of the Government may be viewed and utilized by the AbilityOne Program support contractor personnel during its contract performance. The information that may be made available to the support contractor may include, for example, pricing and technical proposals, historical contract, pricing and performance information, Commercial Asset Visibility (CAV) reporting information and similar data/information.
By submission of a proposal in response to this solicitation, the offeror and its subcontractor’s consent to a release of their business sensitive/confidential or proprietary data to the Government's AbilityOne Program support contractor personnel to perform close out services. Prior to the release of any such information to the support contractor, the support contractor will have in place with the Government a Non-Disclosure/Non-Use Agreement in accordance with the terms of the AbilityOne Program support contract.
Offerors may execute their own Non-Disclosure Agreement with the AbilityOne Program (AbilityOne contact information available from the contracting point of contact). The support contractor must provide copies of the executed agreements to the Contracting Officer and the Contracting Officer's Representative (COR) for the support contract; and the offeror/contractor for this acquisition must provide copies of the executed Agreement to the
Contracting Officer for this acquisition. If the offeror/contractor seeks such a Non-Disclosure Agreement with the
AbilityOne Program support contractor, the Agreement must be executed no later than the date of final delivery under the resulting NAVSUP FLC Norfolk contract.
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management NOV 2024
52.204-13 System for Award Management Maintenance OCT 2018
52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-29 Federal Acquisition Supply Chain Security Act Orders--
Representation and Disclosures.
DEC 2023
52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
SEP 2023
52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services
NOV 2023
52.217-5 Evaluation Of Options JUL 1990
52.222-41 Service Contract Labor Standards AUG 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023
252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber
Incident Reporting (DEVIATION 2024-O0013 REVISION
1)
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services
JAN 2023
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7048 Export-Controlled Items JUN 2013
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.247-7023 Transportation of Supplies by Sea OCT 2024
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--
Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-
Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph
(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The
Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Price
(b) 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.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEVIATION 2025-O0003/ DEVIATION 2025-O0004) (MAR 2025) ALTERNATE
I (MAR 2025)
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"--
(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 at 13 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 CFR 124.104(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 least
51 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 http://www.sam.gov/ 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.
(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) 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) [Reserved]
(e) Certification Regarding Payments to Influence Federal Transactions (31 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…
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