Combined Synopsis and Solicitation.pdf

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items, prepared in accordance with the information in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items and FAR Part 13, Simplified Acquisition Procedures as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on SAM.gov SAM.gov.

The reference number is N0018924Q0585-0. This solicitation documents and incorporates provisions and clauses in effect through FAC 2023-2 and DFARS Publication Notice 20230525. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses:

https://www.acquisition.gov/browse/index/far http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

The NAICS code is 484210 (Used Household and Office Goods Moving) and the Small Business Standard is $34.0M. The proposed contract is for moving services to move office equipment/furniture from Building 70 to Building 44 at the Washington Navy Yard on behalf of the Naval History and Heritage Museum (NHHC) for which the Government intends to solicit and award a Firm-Fixed-Price (FFP) contract to quoter that is most advantageous to the Government. See attached supporting documents for more information.

PERFORMANCE WORK STATEMENT

FOR THE MOVE OF

UNDERWATER ARCHAEOLOGY BRANCH PERSONNEL

IN THE NAVAL HISTORY AND HERITAGE COMMAND

1.0 Introduction:

The Naval History and Heritage Command (NHHC) Underwater Archeology Branch (UA), located on the Washington Navy Yard (WNY), Washington, D.C., seeks to acquire moving and labor-related services. Due to ongoing changes of building occupation requirements on the Washington Navy Yard, the UA Branch needs to move from the north end of Building 70 to NHHC HQ in Building 44 (former Library reference space). This contract will result in the move of UA office furniture, files, file drawers, multi-function devices (MFDs), and other items detailed in the requirements section. This scope of work describes the performance specifications for moving and labor-related services and supplies in order to complete the task of moving to their new location.

2.0 Requirements:

Contractors will be responsible for preparation, transportation and relocation of all equipment, furniture, files, boxes, and other miscellaneous office content as specified by the requesting agency. Contractors must possess the appropriate expertise to orderly and efficiently relocate office equipment which is inclusive of, but not limited to, the following types of equipment and furniture:

• Specialty Office Equipment (drafting table)

• Office furniture (conference table, chairs, file cabinets)

• Multi-function device (Printer, scanner, copier, fax)

• Various IT peripherals

• Other miscellaneous office equipment and supplies

3.0 Requirements

3.1 NHHC is seeking experienced and qualified experts to execute the move of furniture, boxed contents of staff cubicles, multi-function devices (MFDs) and other items detailed below. Spaces are located in Building 70 and will move to 44.

The contractor shall:

Provide comprehensive move planning and instructions

Provide appropriate packing and/or moving material and transport the following:

OBJECT NAME DESCRIPTION COUNT

DIMENSIONS (L x W x H)

TABLES:

Large Conference Table Long wooden conference table 1 9'2'' x 3'11'' x 2'5''

Drafting Table

Architectural drawing table, with base and large table top. (heavy) 1 5' x 3'4'' x 3'4''

White Table

Small white meeting table, 4 wooden legs 1 2'3'' x 2'3.5'' x 2'6''

Wooden Side Table Dark wooden side table, 4 legs 1 10.5' x 2' 3'' x 1'8''

Small Conference Table Wooden table, 2 legs 1 5'11'' x 3'3'' x 2'9''

Small Desk Wooden desk with two legs 1 3'11'' x 2' x 2'7''

CHAIRS:

Roller Chair

Blue cloth chairs, black arms, 5 casters, no headrest 16 2'3.5'' x 1'10'' 3'2''

Wooden Chair

Gray chairs with wooden legs (branch head office) 4

1'10.5'' x 1'7.5'' x 2'8''

Roller Chair

Black cloth chairs, 5 casters, headrest 2 2'4'' x 2'4'' x 4'

Arm Chair Red leather arm chairs 2 2'4'' x 2'7'' x 3'

CABINETS:

Vertical File Cabinets

Gray legal sized file cabinets with 5 drawers each (full)

9 1'6'' x 2'4.5'' x 5'

Vertical File Cabinet

Black legal sized file cabinet with 5 drawers (full) 1 1'6'' x 2'3'' x 5'1''

Vertical File Cabinet

Tan file cabinet, 5 drawers with silver handles (empty) 1 1'3'' x 2'4'' x 5'2''

Vertical File Cabinet (Fire King)

Black Fire King cabinet with 4 drawers (empty) (heavy) 1 1'9'' x 2'8'' x 4'5''

Drawer

Short, gray cabinet with 2 drawers and no handles (full) 1 2'6'' x 1'6'' x 2'4''

Lateral File Cabinet Black lateral file cabinet with no handles, 5 drawers (half full) 1 3' x 1'7'' x 5'6''

Flat File Cabinet Gray cabinets with thin drawers 5 cabinets (full) 2 4'6'' x 3'6.5'' x 1'4''

Small File Cabinet Small black file cabinet, no handles, 2 or drawers (empty) 4 1'3'' x 1'7.5'' x 2'2.5''

Cabinet

Tan, silver knob filing cabinet (empty) 1 1'3.5'' x 1'3.5'' x 3'8''

Light Gray Cabinet Short cabinet, no handles, with lock on bottom drawer (empty) 1 1'4.5'' x 1'4'' x 2'5''

Light Gray Cabinet Taller gray cabinet with open space and 4 drawers (empty) 1 2' x 2' x 4'1''

Small File Cabinet Small, wooden filing cabinet, 3 drawers (full) 1 1'4'' x 1'7.5'' x 2'3''

Metal Cabinet Tall gray cabinet with 2 doors (empty) 2 3' x 1'6'' x 6'

Metal Cabinet 4 door black cabinet with one long thin cabinet (empty) 1 2' x 2'1'' x 4'6''

Wooden and Silver File Cabinet

Wooden cabinet, 3 drawers (empty) 2 1'4'' x 1'8.5'' x 2'3.5''

Wood and Glass Case

Rectangular wooden cabinet (empty) 1 2'9'' x 1'1'' x 1'3''

Wood and Glass Cabinets

Wooden cabinet with 2 glass doors and brass handles (empty) 4 3'6'' x 1'2.5'' x 4'2''

BOOKCASE Wooden Bookcase Tall wooden bookcase 6 shelves (empty) 2 3'0.5'' x 1' x 7'

Wooden Book Case Shorter wooden case with 4 shelves (empty) 2 3'6'' x 1'2.5'' x 4'3.5''

GLASS

CASE Artifact Case Glass case with 4 legs (empty) 1 5' x 2'6'' x 3'1.5''

Artifact Case Tall glass case with 4 shelves (empty) 1 2' x 2' x 6'

SOFA Sofas Small red and blue sofa 2 5'7'' x 2'9'' x 2'5'' & 4'9'' x 2'8'' x 2' 9.5''

IT Monitors 8 36"

Keyboards 8

Mice 8

Shredder Gray and black shredder 1 11.5'' x 1'6'' x 2'2''

3D Printer Black 3-D printer with accompanying plastic 2 1'7'' x 1'1'' x 1'3''

Projector White and Black projector 1 1'4'' x 11'' x 4.5''

MFD

Multi-Functioning Device (printer/scanner) 1 2' x 1' 8'' x 3'8''

MISC. Paper Cutter Wooden square with sharp handle for cutting 1 1'8'' x 1'8'' x 5''

Microwave Silver and black microwave 1 1'8'' x 1'2.5'' x 10.5''

Mini Fridge Silver and black mini fridge 1 1'8.5'' x 1'7.5'' x 2'8''

Coat Rack Wooden coat rack 2 2' x 2' x 5'5.5''

Pamphlet Rack Black Pamphlet rack (empty) 1 2'5'' x 1'9'' x 4'11''

Ship Painting Painting of tall ship on the water 1 2'4'' x 2'' x 2'3''

Ships Fighting Painting

Ships fighting painting (Marine Montague Dawson) 1 3' x 1'' x 2'1''

John Paul Jones Painting John Paul Jones Portrait 1 1'8'' x 1'' x 2'2''

Ships Fighting Painting

Small ships fighting painting with dark wooden frame 1 2' x 1'' x 1' 4''

Yorkshire Coast Map Yorkshire coast map 1 1'4'' x 1'' x 1'9''

Niagara Ship Poster Niagara ship poster 1 1'10'' x 1'' x 2'8''

Poster Frames Black rimmed frames for posters 3 2'1''x 2'' x 3' 6.5''

BOXES

# of cardboard boxes TBD; estimate 30+ small to medium sized boxes;

to be packed by NHHC staff

Books, Reports, and Management Plans

32 shelves of loose books, reports, and management plans

32 linear feet

5'5'' x 1' x 6'5'' (x2)

Printer Paper Cardboard boxes filled with printer paper 6 1'6'' x 1' x 10''

Surplus NHHC Publications

Cardboard boxes with blue labels full of NHHC books 3 11'' x 1'6'' x 6.5''

Milk Crates Black small crates holding computer cables 2 1'1'' x 1'1'' x 10.5''

Prepare (protect) and move all furniture, boxes, and other material listed above to locations as marked and noted during the move planning and prep portion of the contract. Note: the contractor is not expected to box any lose material.

Place equipment and boxes noted above to new locations as discussed during the move planning and prep portion of the contract.

Remove all moving supplies and trash from moving sites.

3.2 General Requirements

3.2.1 The contractor shall be responsible for providing all supplies, equipment, and manpower necessary to carry out all performance requirements and deliverables in accordance with established plan(s). The contractor shall ensure all personnel operating forklifts and/or other material handling equipment have all required certifications and shall ensure those certifications are provided to NHHC.

3.2.2 The contractor shall have experience relocating offices, office documents, books, and other materials as well as IT equipment in locations of comparable size and/ or an office spaces with a similar number of staff.

The contractor shall demonstrate the extent of their experience and capability to execute the move.

3.2.3. The contractor and all personnel shall abide by all U.S. Government laws, Department of Defense and Navy, and Defense Logistics Agency regulations, and NHHC policies and procedures regarding physical security, information and data security and protection, and employee health and safety.

3.2.4 The contractor shall provide personnel who will be able to pass background checks as noted on the

SECNAV 5512/1.

3.2.5 The contractor shall provide personnel who are able to perform the physical labor required to complete the tasks defined in this contract.

3.2.6 The contractor shall ensure all personnel have all identification necessary for access to DOD military installations. The contractor shall be responsible for working with NHHC personnel and in accordance with NHHC protocols to ensure contract personnel are able to access the Washington Navy Yard and work spaces to complete the contract deliverables.

3.2.7 The contractor shall not discuss or release information concerning the operations or recommendations developed during the course of this contract to the general public, newspapers, other media, public officials, community leaders, non-government organizations, etc., without prior approval of the Navy. Products developed under this contract will remain the property of the government and will be retained by the government at the conclusion of the contract.

3.2.8 The contractor shall be responsible for the professional and technical accuracy of all work furnished.

Products and work completed by the contractor will be reviewed by NHHC to ensure compliance with government requirements and criteria. The contractor (at no additional cost or fee to the government) shall correct all errors and/or deficiencies in the contractor’s products and work.

3.2.9 The contractor shall maintain full insurance coverage throughout the life of the contract to cover the cost of any repair, replacement or reimbursement for damage that occurs during the performance of this contract.

The contractor shall obtain and show proof of said coverage from an insurance provider with a current Standard and Poor’s rating of not less than “AAA” to the Contracting Officer.

3.2.10 The contractor shall be responsible for ensuring all personnel are equipped with all personal protective equipment (PPE) required by OSHA regulations.

3.2.11 The contractor shall communicate with NHHC personnel throughout the contract period.

3.2.12 The contractor shall be responsible for ensuring all aspects of the project are conducted in a timely, cost effective, and organized manner. The contractor shall be responsible for ensuring all work spaces and all equipment and supplies are maintained in a clean, organized manner throughout the process and once the relocation has been complete. The contractor shall be responsible for disposal and removal of all supplies and equipment once relocation is complete.

3.3 Performance Requirements

3.3.1 Within 15 days of award, the contractor shall participate fully in a Contract Initiation/Kick-Off phase with NHHC personnel.

The initiation phase will begin with an orientation meeting to be held on site at the WNY. The contractor shall ensure all necessary personnel are able to attend and participate fully in the meeting, a site visit, and a walk-through of all work spaces.

The initiation phase will also include development of methodologies and schedules. The contractor shall participate fully in all meetings and discussions which lead to the development of methodologies and schedules.

3.3.2 The contractor shall perform all work required to prepare all items listed, with the exception of cubicle space and personal items, for relocation, in accordance with the relocation and mapping plans.

3.3.3 Period of Performance is 30 September to 15 December

3.4 Special Requirements

The contractor shall perform walk through inspections of all buildings with NHHC staff prior to start of work in order to assess the condition of the facilities. The contractor shall document any and all unsafe conditions, preexisting damages (scratches, holes, stains, marks, and any other identifiable damage which could occur as part of the move). The contractor shall provide a report listing all identified damage to proper NHHC personnel before work begins.

4. Deliverables

4.1 The contractor shall provide a final draft comprehensive relocation plan for relocating all materials from buildings 70 to building 44 by the deadline agreed upon by the contractor and NHHC staff during the initial orientation meetings. The plan shall not be considered final until approved by NHHC staff.

The contractor shall provide a final draft plan which maps all cubicle moves and listed items from their current locations in building 70 to their new locations in building 44 by the deadline agreed upon by the contractor and NHHC staff during the initial orientation meetings. The plan shall not be considered final until approved by NHHC staff.

4.2 The contractor shall provide an inventory of all items moved to NHHC staff for review.

5. Security

The contractor shall ensure all work is conducted in accordance with security requirements identified in sections 3-5 of this PWS and established in federal and DoD information security instructions and manuals, including, but not limited to:

Department of Defense Manual (DoDM) 5200.01 Volume 1, “DoD Information Security Program:

Overview, Classification, and Declassification”

DoD 5220.22-M, “National Industrial Security Program Operating Manual (NISPOM)”

6. Payment

Payment will be made by WAWF

Questions regarding this solicitation shall be submitted to Ms. Jordan Walton at jordan.l.walton.civ@us.navy.mil no later than 05:00pm Eastern Standard Time September 09, 2024. Quotes shall be submitted to Ms. Jordan Walton at jordan.l.walton.civ@us.navy.mil no later than 04:00pm Eastern Standard Time September 10, 2024. Quote submissions received after the stated submission deadline may not be considered for award. All responsible small business sources may submit a quote, which shall be considered by the agency. A determination has been made by the Government to compete this proposed effort as a total small business set aside, based upon responses to this notice, this determination is solely within the discretion of the Government. Oral communications are not acceptable in response to this notice. Procedures in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items and FAR Part 13 Simplified Acquisition Procedures are applicable to this procurement. While price will be a significant factor in the evaluation of offers, the final contract award will be based on a combination of factors- price and, if necessary, past performance.

System for Award Management (SAM). Quoters must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/.

All quotes shall include price(s) showing any and all materials and labor, FOB destination, a point of contact, name and phone number, business size, and payment terms. The quote shall explicitly confirm that the quoter can meet all of the Technical Requirements and provide all of the Deliverables for the period of performance specified above. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.

ADDENDUMS:

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS

In addition to FAR 52.212-1, “Instructions to Offerors – Commercial Items” and any other instructions contained elsewhere in this solicitation, the following instructions are provided. The Government intends to award a Firm Fixed Price (FFP) contract as a result of this solicitation in accordance with FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items and FAR Part 13, Simplified Acquisition Procedures. Award will be made to the quoter whose quote is most advantageous 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 quoter’s initial quote should contain the quoter’s best terms from a Non-Price and Price standpoint.

INSTRUCTIONS FOR SUBMISSIONS OF QUOTES:

(1) Quote shall be submitted electronically no later than the due date of the solicitation Quote shall include the following legend on each page:

Source Selection Information FAR 2.101 and FAR 3.104

QUOTE CONTENT:

The Quote should contain the following items in addition to other information required by this solicitation. The cover page should indicate the following:

Solicitation Number Name and Address of Quoter, and Cage Code Point of Contact name, telephone number, and email address Quote valid of 120 days following the solicitation closing date

Price

No partial bids or additional items will be accepted. Failure to quote all CLINs or add additional items will result in ineligibility for award. In order to assist in the contracting officer’s price analysis, additional price information may be required and may consist of copies of applicable published price lists with effective dates, catalog pages of products, evidence of discounts off the published price lists, historical price/sales information supported by copies of paid invoices OR price breakdown of all cost elements.

The price submission is not page limited but is strictly limited to price information.

(2) The mandatory site visit is being conducted in accordance with FAR 52.237-1, Site Visit, which states that Quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Failure to attend the site visit will preclude a vendor from being eligible for award. Mandatory attendance is required to ensure a clear understanding of the requirement and receipt of any information that may be exchanged vital to the nature of the requirement. There is to be no discussion of funding during the site visit. Any questions posed during the site visit will be documented and used to make updates to the PWS and/or the solicitation as appropriate. The Government does not intend to provide written responses to all questions following the site visit unless deemed to be necessary. There will be a formal question and answer period allotted for upon the issuance of the Request for Quotes.

In order to attend the site visit, vendors shall send his/her verification information to Ms. Jordan Walton (Contract Specialist) via email. This information will be forwarded to NHHC Technical POC so that the vendor can access NHHC sites. Ms. Jordan Walton can be reached at 757-392-9216 or at jordan.l.walton.civ@us.navy.mil. The requested information shall be forwarded to Ms. Jordan Walton on or before September 06, 2024, no later than 03:00 p.m. Eastern Standard Time. The following information shall be sent:

1) Full Name:

2) Company Name:

3) Email address:

4) Telephone no.:

On the day of the site visit, vendors shall meet up at the U.S. Washington Navy Yard Visitor’s Center, 1022 O St SE, Washington, DC 20374 at 01:15pm Eastern Standard Time. on Monday, September 09, 2024. Vendors are limited to two (2) representatives per organization for the site visit.

NOTE: ADDITIONAL SITE VISITS WILL NOT BE ARRANGED FOR ANY PARTIES WHO

ARRIVE AFTER THE GOVERNMENT AND INSPECTION PARTIES HAVE DEPARTED. ALL

PARTIES ARE STRONGLY ENCOURAGED TO BE ON TIME. NO SPECIAL ACCOMODATIONS

WILL BE GRANTED TO PARTIES WHO REQUEST TO VISIT PRIOR TO OR AFTER THE

SCHEDULED SITE VISIT DATE.

(End of Text)

ADDENDUM TO FAR PROVISION 52.212-2, EVALUATION – COMMERCIAL

ITEMS:

a) The Government will award a FFP order resulting from this solicitation to the responsible

Quoter whose offer conforming to the solicitation will be most advantageous to the Government, technical, price and other factors considered. The Government will be utilizing FAR part 12 and FAR part 8.4 procedures. The following factors shall be used to evaluate offers:

Technical and Price

In order to be considered Acceptable, quoters must receive an acceptable rating for Factor I in its entirety. Unacceptable technical rating will not be further evaluated and will not be considered for award.

Factor 1 – Technical

Rating Description

Acceptable Quote meets the requirements of the solicitation.

Unacceptable Quote does NOT meet the requirement of the solicitation.

The rating table above will be used to determine the technical capability of the quoter.

Factor II – Price

The quoters quoted price will be evaluated on the basis of price reasonableness in accordance with FAR 15.404-1(b)(2).

The evaluation may include, but is not limited to the following:

A. Price comparison with other quoters;

B. Comparison with independent government estimates

By submitting a quote, the quoter affirms that they are capable of performing and completing the work described in the Solicitation.

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/offer which indicates that quote/offer may not represent best value. In that case, the Government reserves the right to consider the past performance of other quotes/offers, conduct a price, past performance tradeoff, and award to other than the lowest price quote/offer.

The Government intends to award a firm-fixed priced purchase order to the responsible quoter whose quote represents the best value after evaluation in accordance with the factors in the solicitation.

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

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

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

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-29 Federal Acquisition Supply Chain Security Act Orders--Representation and Disclosures.

DEC 2023

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

52.222-41 Service Contract Labor Standards AUG 2018

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

MAY 2024

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.237-1 Site Visit APR 1984

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

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7972 (Dev)

Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020- O0015)

MAY 2020

252.225-7973 (Dev)

Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation

(DEVIATION 2020-O0015)

MAY 2020

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 JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to--

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model 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 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 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)

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 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…