Combined Synopsis - Emergency Mgmt.pdf

This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, in conjunction with the Simplified Acquisition Procedures found at FAR 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued.

The solicitation number is N6470925Q0007; this solicitation is a request for quotation (RFQ).

This solicitation documents and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2023-05.

This notice is a Total Small Business Set- Aside. The North American Industry Classification System (NAICS) code is 561110, size standard $12,500,000. The Federal Supply Class (FSC) is R429.

List of line item number(s) and items, quantities, and units of measure (including option(s), if applicable):

This effort includes a base period, with a total of one (1) line item numbers, and two (2) optional contract periods, each period with a total of one (1) line item numbers.

CLIN Description Qty Unit 0001 (Base) GENERAL CLERK III

One(1) Administrative Support Technician. General Clerk III - 01113 listed in accordance with the Service Contract Act (SCA).

See attached Statement of Work (SOW) for requirements

12 Months

1001 (Option Year 1)

GENERAL CLERK III

One(1) Administrative Support Technician. General Clerk III - 01113 listed in accordance with the Service Contract Act (SCA).

See attached Statement of Work (SOW) for requirements

2001 (Option Year 2)

GENERAL CLERK III

One(1) Administrative Support Technician. General Clerk III - 01113 listed in accordance with the Service Contract Act (SCA).

See attached Statement of Work (SOW) for requirements

Description of requirements for the services to be acquired.

Strategic Weapons Facility, Atlantic (SWFLANT) intends to award a firm fixed price purchase order using Simplified Acquisition Procedures for the procurement a technical administrative and logistics support. SWFLANT requires One (1) General Clerk III to provide the required support.

Date(s) and place(s) of delivery and acceptance and FOB point.

Period of performance to commence on or about 30 December 2024 located at Naval Submarine Base in Kings Bay, Georgia. Delivery and acceptance is FOB point Kings Bay, Georgia. The potential contract will have a 12-month Base Period plus two (2) 12-month Option Periods.

General information regarding Terms and Conditions.

FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services, and any agenda to this provision, are applicable to this acquisition.

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services, and any addenda to this provision, are applicable to this acquisition.

Offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, with its offer.

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services, and any addenda to this clause, are applicable to this acquisition.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services, and any of the FAR Clauses marked.

In the full text FAR 52.212-5 included below, are applicable to this acquisition.

There are no additional contract requirements or terms and conditions determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices.

Defense Priorities and Allocation System and assigned rating, if applicable.

The acquisition is not rated in the Defense Priorities and Allocations Systems (DPAS).

List of Attachments

DOCUMENT

TYPE

DESCRIPTION PAGES DATE

Attachment 1 Wage Determination 11 06 NOV 24 Attachment 2 Employee Rights

Poster

2 06 NOV 24

Attachment 3 DD Form 254 Contract Security Classification Specification

3 06 NOV 24

Attachment 4 Security Requirements for Contractors Requiring Access to Classified Information.

4 06 NOV 24

Attachment 5 VGSA Template 8 06 NOV 24 Attachment 6 SWFLANT General

Work Requirements

15 06 NOV 24

FAR 52.212-1 ADDENDUM: Instructions to Offerors – Commercial Items

QUESTIONS

SWFLANT requests a Firm-Fixed-Price (FFP) quote by 15 November 2024 at 12:00 PM (EST) to provide the services/supplies described in this notice. The Government may consider late quotes. Contractors responding to this request must furnish a quote as described below.

The quote must demonstrate an understanding of and ability to meet all of the requirements set forth in the Performance Work Statement (PWS) referenced herein. Throughout the quote, the Offeror shall provide sufficient detail to substantiate the validity of all statements. The Offeror shall demonstrate that the quote complies with the requirements, terms, and conditions of the solicitation. General statements that the Offeror can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or paraphrasing the solicitation’s requirements in whole or in part, will NOT constitute compliance. Failure to conform to any of the requirements of the solicitation may form the basis for rejection of the quote.

Brochures are not desired; clarity, completeness, and conciseness are essential and the overall quality of the quote will be evaluated in the context of being representative of the Offeror’s services. An Offeror’s quote is presumed to represent the best efforts to respond to the solicitation.

Since only the quote submitted in response to this solicitation will be evaluated, Offerors should make certain that their quote is complete with regard to the information provided. Data previously submitted, or presumed to be known, e.g., previous projects performed for the Government, will not be considered in the evaluation unless that information is physically contained in the quote.

Offerors are advised that the Government may selectively verify any information provided in the quote. Offerors are cautioned that they are responsible to ensure that material that they desire to have evaluated for a particular section is contained in that specific section.

Quotes may be only e-mailed directly to spk12contracts@swflant.navy.mil, the sole designated e-mail address and inbox for receipt of e-mail submissions. No other electronic means of submission, used in whole or in combination with e-mail, is permitted.

E-mail quotes shall be in either Adobe or Microsoft Office format. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. To be timely, an e-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. An e-mail quote that resides on a Government server, but has not appeared in the designated e-mail inbox by the due date and time for quote submission will be considered late unless the exception at FAR 52.212- 1(f) (2) (i) (A) applies. The exception at FAR 52.212-1(f) (2) (i) (B) shall not apply to e-mail quotes. Unless offeror proposes a shorter period, by submission of an offer, the offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The foregoing does not preclude an offeror from withdrawing its offer prior to award.

Contractors responding to this request must furnish a quote as described below. The quote shall contain two (2) volumes: Technical and Price.

General Requirements Applicable to Each Volume:

1. Cover Letter: Each volume shall contain a cover letter. The following information shall be provided on each cover letter:

Authorized Offeror Personnel: Provide the name, title, telephone number, facsimile number, and E-mail address of the individual who can contractually obligate your company. Also, identify those individuals authorized to negotiate with the Government and who can answer questions regarding your quote.

Company/Division Street Address: Provide company/division’s name, street address, county and facility code, size of business (small), and labor surplus area designation.

2. Exceptions to the RFQ (if applicable): Offerors are to detail clearly in each volume any exceptions taken to the RFQ, and the rationale for the exceptions taken to the RFQ, if applicable.

Please note that exceptions taken to the RFQ may render the Offeror’s quote unacceptable to the Government.

Specific Requirements Applicable to Each Volume:

• Volume I (Personnel Resumes)

• Volume II (Price)

Volume I shall not contain any pricing data. The pages are to be typed; no less than 1 1/2 line spacing, and no smaller than 12 size type. Volume I shall not exceed ten (10) pages. Individual resumes shall not exceed two (2) pages per resume. All Offeror documentation, such as foldouts, file://spk1.swflant.navy.mil/spk10$/SPK12/SPK12%20Contracts/FY17%20SAP%20CONTRACTS/N64709-17-T-0057%20Land%20Based%20Law%20Enforcement/4.%20%20If%20over%20$25,000.00%20(FEDBIZ%20Notice)/spk12contracts@swflant.navy.mil charts, figures, tables, is included in the ten (10) page limit. Resumes are not included in the ten

(10) page limit. All material in excess of the page limits will be neither read nor evaluated.

Discussions. The Government reserves the right to hold or not to hold discussions.

1. Volume 1: Technical Documents

a. Factor 1: Personnel Resumes

i. The Offeror shall propose personnel with the necessary experience, qualification, and certifications identified under Section 3.0 of the PWS that possess and maintain a Secret security clearance and that speak fluent English. Offerors shall submit detailed resumes for all proposed personnel to substantiate and demonstrate that these candidates possess the ability to successfully execute the stated requirements in the PWS. Offerors shall provide signed letters of intent for all personnel proposed that are not currently employed by the Offeror. A letter of intent is signed by the prospective employee stating their intent to accept employment in a stated position with the Offeror if the Offeror is awarded a contract.

2. Volume 2: Price

b. Factor 2: Price

i. Provide a FFP quote for all required supplies and/or services including the option year. Any costs related to credit card fees, delivery costs, vehicle costs, and handling costs, as applicable, shall be included. The pricing submitted shall cover all aspects of the proposed effort, including option prices. Data contained in the pricing submitted shall be consistent with data contained in Volume 1. The pricing data shall support the level of resources (products and services) required to complete the requirements of this solicitation.

If travel is required in support of this requirement, the contractor shall include a detailed Basis of Estimate (BOE) that is priced in accordance with the Joint Federal Travel Regulations (JFTR).

Each component of the proposed travel expense shall clearly identify the date(s), location(s), duration(s), quantity of personnel, and cost for the proposed travel.

FAR 52.212-2 ADDENDUM: Evaluation– Commercial Items

(a) Basis for Award. This requirement qualifies under Federal Acquisition Regulations (FAR) Part 13 Simplified Acquisition Procedures. The Government intends to award a contract to the responsible Offeror who (1) is the Lowest Price Technically Acceptable quotation, (2) conforms to the solicitation, and (3) proposes a price that is fair and reasonable. Each offeror will be evaluated on its understanding of the requirements and its ability to perform the requirements listed in the PWS. Award will be made contingent upon the bilateral signature of the parties. The Government reserves the right to award on an all or none basis.

The Government will use Lowest Price Technically Acceptable (LPTA) to evaluate the submitted quotes.

The following factors will be evaluated and used as the basis for award:

Factor 1 – Personnel Resumes The Government will evaluate each Offeror’s quote to determine the extent the Offeror has proposed personnel with the necessary experience, qualification, and certifications identified under Section 3.0 of the PWS.

1) A quote is deemed acceptable for the Technical Capability factor if it demonstrates an understanding of, and ability to meet, all requirements as defined in the PWS.

2) Technical Capability evaluations will result in one of the following:

Adjectival Rating Definition Acceptable Quote demonstrates an understanding of, and ability to meet, all requirements as defined in the PWS and/or procurement minimum specifications.

Unacceptable Quote does not demonstrate an understanding of, and ability to meet, all requirements as defined in the PWS and/or procurement minimum specifications.

A quote must be rated as “Acceptable” for the quote to be eligible for award. An “Unacceptable” rating for Factor 1: Technical Capability will result in the entire quote being rated “Unacceptable” overall; an overall rating of “Unacceptable” makes a quote ineligible for award.

A quote must contain sufficient information to enable evaluators to determine acceptability, if there is insufficient information to determine acceptability of the quote, the quote will be rated “Unacceptable” overall.

Factor 2 – Price

To be eligible for award, an Offeror’s total evaluated price must be determined fair and reasonable. The Government will determine prices to be fair and reasonable in accordance with FAR Part 13.106-3 based on, but not limited to, market research, current or previous purchases, prices for similar performance in a related industry, and comparison to an independent Government estimate.

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

Offerors responding to this solicitation are advised that, prior to award, the Government may request submission of information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts.

(b) The Government shall mail or email a written notice of award to the successful Offeror.

Upon receipt, the Offeror shall have an authorized representative sign the award and return it to the Contracting Officer; a binding contract is formed upon receipt of the signed award.

PERFORMANCE WORK STATEMENT (PWS)

General Clerk III

1.0 Background

Strategic Weapons Facility, Atlantic (SWFLANT), Safety Department (SPK60), is requesting technical administrative support for its Emergency Management Division (SPK63). SPK63 requires one (1) General Clerk III to provide the required support as detailed below.

2.0 Specific Tasks – General Clerk III

2.1 The contractor shall provide one (1) General Clerk III to provide on-site technical administrative support to SPK63, whose duties may include, but are not limited to:

• Assist in the planning, mitigation, response, and recovery to all hazards and emergencies.

• Provide administrative support to all emergency programs including pandemic response, hurricanes, destructive weather, emergency communications, and others as needed.

• Assist in long-range all-hazard emergency planning, including forecasting future needs and updating plans accordingly.

• Coordinate the scheduling of events that impact multiple divisions, departments, and organizations.

• Track and account for an inventory of emergency response and disaster preparedness equipment.

• Maintain and monitor training completion for all organizational members as it relates to emergency response teams.

• Assist with the review, analyses, and interpretation of directives and documents from higher authority.

• Assist in the creation and updating of policies, procedures, and directives.

• Develop in-depth training courses utilizing Microsoft Office software and other media as required.

• Setup rooms for training events and briefings; ensure IT systems are functional and required materials are available.

• Issue Personal Protective Equipment (PPE) and other required equipment to personnel.

Track issued equipment and ensure its return upon personnel check-out.

• Schedule drill debriefs, after action reviews, and lessons learned meetings with key staff throughout multiple organizations.

• Assist in the drop-off and pick-up of equipment at the on-site calibration lab.

• Must be able to complete required training needed to gain system access to complete tasks/services and deliverables noted above. Training will be provided by the Government.

• Must be able to interact effectively with all levels of employees (with discretion and tact).

• Package and route documents for review and signature manually utilizing Microsoft SharePoint, or other software as required.

• Assist with the stocking/procurement of emergency management essential gear/equipment.

• Assist in maintaining the Operations Control room (OPCON), ensuring that required documents and equipment are up to date and operational.

• Maintain cleanliness of all designated work areas including the Cage, Ready Room, OPCON, Decontamination Trailers, Mobile Command Post, and other Emergency Management areas.

• Must be able to communicate orally and in writing utilizing a high degree of tact and diplomacy, and possess strong interpersonal skills to effectively discuss Emergency Management matters with government employees, contractors, and military personnel of all levels.

• Must be able to work independently and professionally after given general guidelines of a task from the Emergency Manager.

• Must complete assignments accurately and in a timely manner on or ahead of scheduled due dates.

3.0 Contract Personnel Minimum Requirements

3.1 The contractor shall possess sufficient experience, knowledge, skills, and abilities (as described further below) to permit them, at a minimum, to perform the work required under the contract. The contractor is required to speak fluent English and possess the qualifications in each section below.

3.2 General qualifications:

• Must possess and maintain a SECRET security clearance.

• Four (4) years of military or government experience in operations, planning, administrative tasks and/or development.

• Basic knowledge of Navy/DoD organization, and the role of Navy/DoD missions, policies, and objectives; management principles and processes. The ability to analyze information and make recommendations under rapidly changing conditions, as well as the ability to articulate complex issues and resolutions both verbally and in writing.

• Comprehensive knowledge of military plans design, drafting, and updating methodology.

• Knowledge and ability to use various types of software (and advanced

Word/graphic/html software functions) to produce a wide range of documents (in multiple fonts, graphics, merging documents, columns, tables, etc.) to enhance productivity and meet requirement of complex automated formats. Must be able to determine and recommend the best software type for new projects and reports. Requires MS Windows/Office, SharePoint, and Adobe Acrobat software knowledge and experience.

• A working knowledge/understanding of the Department of the Navy (DON)/Department of Defense (DOD) programs, policies, work methods, instructions or other established guidelines concerning Emergency Management.

3.3 Physical Demands:

• Must be able to physically lift and carry items up to 30 pounds for short distances; climb ladders; maneuver around large crates and equipment (obstacles) located in small storage spaces; and to travel to different buildings/areas on the base, including buildings/areas that are not accessible by wheelchair.

3.4 Work Environment:

• Contractor must be able to work indoors and outdoors. Work outdoors is subject to inclement weather.

3.5 Wage Determination Series:

General Clerk III – 01113 listed in accordance with the Service Contract Act. (SCA) Refer to Attachment (1), Wage Determination 2015-4515 Rev 28 and Attachment (2) WH 1313 Poster-Employee Rights.

3.6 Work Week:

• The effort under this contract will be performed in collaboration and in support of Government employees with regular working hours of Monday through Friday, 0700- 1600 Eastern Time. A listing of the official Federal holidays is available at http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays.

Support may be required during non-business hours.

3.8 Safety:

• Vendor will provide required safety equipment: hard hat and steel toe shoes.

3.9 Invoices:

• Vendor will submit invoices monthly using Wide Area Workflow (WAWF). Vendor will be paid based on the amount of hours the employee worked. The total price for the year shall not exceed the amount of the contract.

4.0 Substitution Contractor Personnel:

4.1 No contractor personnel substitutions shall be made during performance of this contract unless these substitutions are necessitated by an individual's sudden illness, death, or termination of employment. In any of these events, the contractor shall promptly notify the Contracting Officer’s Representative (COR) and the local assigned branch POC in order to coordinate the appropriate substitution as required by Section 4.2.

4.2 The contractor shall not make a substitution for any of such persons unless (1) the substitute has the qualifications stated in Section 3.0 (Contractor Personnel Minimum Requirements), and (2) the Contractor notifies the COR and the local assigned branch POC of any proposed substitution at least 7 calendar days in advance of the substitution.

The Government will make the selection of replacement position for vacancies from the list of qualified personnel provided by the Contractor. Such notification shall include: (i) an explanation of the need for the substitution, (ii) a complete resume of the proposed substitute(s), and (iii) any other information requested by the COR for use in determining the substitute's qualifications. The COR will evaluate such requests and notify the Contractor of his/her approval or disapproval of submitted candidates.

4.3 The contractor shall coordinate contractor personnel absences from the duty station with the COR and the local assigned branch POC that the contractor personnel supports by providing notice as soon as practicable.

5.0 Security:

5.1 The Contractor shall adhere to SWFLANT’s employee check-in and checkout procedures. The Contractor shall complete all mandatory DoD/Navy/Strategic Systems Programs (SSP) training by the established deadlines.

5.2 Vendor must have a facility clearance – SECRET. All contractor personnel shall currently possess and maintain a SECRET Clearance. Clearance is to be granted by the Defense Counterintelligence and Security Agency (DCSA).

5.3 Additional security requirements are identified in, Attachment (3) – DD-254 Contract

Security Classification Specification, Attachment (4) Security Requirements for Contractors Requiring Access to Classified Information, Attachment (5) - Visitors Group Security Agreement (VGSA) and Attachment (6) SWFLANT General Work Requirements.

5.4 All contractor personnel shall be United States citizens and maintain such status for the duration of this task.

5.5 The contractor shall comply with SECNAV 5239 series and SWFLANTINST 5239 series when operating government computer workstations or systems, and with DoD M- 5200.01, Vol 1-4, Information Security Program, and SECNAV M-5510.36, Information Security Program, when processing classified information on government computer workstations or systems. Compliance with this directive is mandatory during the execution of efforts within this Performance Work Statement.

5.6 All contractor personnel must meet SWFLANT and Naval Submarine Base Kings Bay security access requirements, which may include a criminal background check. Failure to comply with these requirements may result in termination of this contract or removal of contractor employees from the site.

5.7 The Contractor shall safeguard information of a classified or sensitive nature. The

Contractor shall provide training to all personnel concerning safeguarding classified information as well as customer confidentiality and privacy, and shall maintain records that document this training. Contractor personnel shall successfully complete, as a minimum, a National Agency Check with Law and Credit (NACLC), before operating Government furnished computer workstations or systems that have access to Navy e-mail systems.

6.0 Contract Type

This is a Firm-Fixed-Price (FFP) contract.

7. Period of Performance

This requirement includes one (1) one-year base and two (2) one-year option periods.

8. Place of Performance

All contractor personnel shall be located at Strategic Weapons Facility, Atlantic, at Naval Submarine Base, Kings Bay, Georgia. Telework will not be authorized.

OTHER REQUIREMENTS:

• Vendor will provide vehicle for use on-site. Vehicle will have a truck bed for use in transporting emergency response gear. Vendor will be responsible for all costs associated with vehicle fuel, maintenance, registration, insurance, licensing, and any other related fees. Cost must be included in the firm-fixed price.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer

Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor

Personnel

JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code

Reporting

AUG 2020

52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code

Maintenance

AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor

Information Systems

NOV 2021

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

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

52.222-25 Affirmative Action Compliance APR 1984 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 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

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense

Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program-

-Basic

JAN 2023

252.225-7012 Preference For Certain Domestic Commodities APR 2022 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

252.243-7002 Requests for Equitable Adjustment DEC 2022 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 number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--

REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) ALTERNATE I (OCT 2014)

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

(a) Definitions. As used in this provision --

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 https://www.sam.gov/

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 concern"--

(1) Means a small business concern--

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

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in 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 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 http://www.sam.gov/ 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…