COMBINED SYNOPSIS N4215825Q0015 ANCHOR WINDLASS.pdf

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Part 12, Acquisition of Commercial Items and FAR 13.5, using Simplified Acquisition Procedures as supplemented with the additional information included in this notice. This combined synopsis/solicitation SHALL be posted on SAM.gov.

The Request for Quotations (RFQ) number is N4215825Q0015.

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 and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html.

The requirement: full and open, the Small Business Office concurs with the determination.

Norfolk Naval Shipyard (NNSY) issued the requirement.

Acquisition is Unrestricted.

The NAICS code is 336611 and the Small Business Standard is 1,300 size standards in number of employees.

RFQ CLOSES AND QUOTES ARE DUE NLT: Wednesday, February 12, 2025, BEFORE 12:00PM, EST

The contractor is required to sign this document and return copies to the issuing office. Contractor agrees to furnish and deliver all items set forth or otherwise Identified above and on any additional sheets subject to the terms and conditions specified.

Naval Sea Systems Command (NAVSEA) requires vendors capable of providing all required services, labor, material and equipment necessary to provide three self-contained compressed air systems used to supply high-pressure air for ship service applications including breathing air.

The compressed air system shall include a compressor, air dryer, closed loop cooling system and other components required to meet the specifications below.

SEE INCORPORATED RFQ AND STATEMENT OF WORK (SOW)

Quotes are due on or before 2/12/2025 at 9:00AM Eastern. Quotations shall be emailed to Contract Specialist, Theresa Clark, theresa.m.clark36.civ@us.navy.mil and Shakir Shinaba, shakir.o.shinaba.civ@us.navy.mil. Questions for clarification must be submitted by 2/10/2025 at 9:00AM Eastern.

If there are any questions, please also contact Ms. Theresa Clark or Mr. Shakir Shinaba prior to submitting your quote to the same emails mentioned above.

The Government will award on the basis of price and providing equipment by POP date stated in Statement of Work unless the contracting officer is aware of past performance information related to the low price quote/offer which indicates that the 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.

System for Award Management (SAM). All vendors 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), FOB point, a point of contact, name and phone number, email, GSA contract number if applicable, business size, and payment terms.

N4215825Q0015

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

This requirement will be prepared in accordance with the information in FAR Subpart 12.6 and FAR Part 13, as supplemented with additional information included in this notice. Accordingly, a Simplified Streamlined acquisition process will be used in the evaluation and award of the contract.

Quotes are due on or before 2/12/2025 at 12:00PM Eastern. Quotations shall be emailed to Contract Specialist, Theresa Clark, theresa.m.clark36.civ@us.navy.mil and Shakir Shinaba, shakir.o.shinaba.civ@us.navy.mil . Questions for clarification must be submitted by 2/10/2025 at 9:00AM Eastern.

*REQUIRED DOCUMENTS

Technical Acceptability will be evaluated to determine an overall rating of “acceptable” or “unacceptable”. This will be determined by evaluating the ability of the vendor to provide equipment that that meets all specifications and delivery requirements. It is the contractor’s responsibility to ensure that their quotation clearly demonstrates their ability to meet the requirements.

Quotations will consist of the following documents submitted together in Adobe Acrobat .pdf format:

Period of Performance as follows:

AS PROVIDED IN SECTION OF SOW

Completed and signed standard form SF1449 with prices for each line item in accordance with the Contract Line Item Number (CLIN) and SOW.

Additionally, each offeror must provide the following information with the quote:

1. The Request for Quotes (RFQ) number;

2. The Name, Address, Telephone Number, and Cage Code or Duns number of the offeror;

3. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ. Proposals that reject the terms and conditions of the RFQ may be excluded from consideration;

4. Acknowledgment of Solicitation Amendments (SF-30), if any;

5. Completed FAR 52.212-3 Representations and Certifications unless otherwise completed in SAM;

6. Confirmation of the ability to meet the period of performance as contained herein;

7. Provide a technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. Technical Submission including but not limited to equipment specifications, manuals, and photographs;

8. TECHNICAL CAPABILITY/CONTRACTOR / RESPONSIBLITY CERTIFICATION STATEMENT

Vendor shall certify for equipment being quoted that his product meets each capability listed below by initialing at the bottom. In order to be considered for award, this must be completed and submitted with your quote.

Vendor hereby certifies that his/her service meets or exceeds all specifications in this solicitation and found within Attachment 1, in their entirety, with no exceptions. ________________________ (Initial)

Award will be made for the technically acceptable item or combination of technically acceptable items that result in the lowest aggregate price to the Government.

Award may or may not be made without any type of discussions or negotiations. This is based on the Contracting Officer’s determination after an evaluation has been completed on all quotations.

Technical Acceptability: Technical Acceptability will be evaluated to determine an overall rating of “acceptable” or “unacceptable”. This will be determined by evaluating the ability of the vendor to provide equipment that meets all requirements and demonstrates a thorough knowledge and understanding of the Specification requirements. It is the contractor’s responsibility to ensure that their quotation clearly demonstrates their ability to perform these requirements. Technical acceptability will be defined as follows:

Technical Ratings

Rating Description Acceptable Quote meets all of the requirements identified Unacceptable Quote does not meets all of the requirements identified

Failure to meet any technical requirement for an item (or specification) will make the quotation unacceptable for that item (or that specification).

If an item (or specification) is technically unacceptable, its price will not be considered for award.

Price:

The estimated amount for each line item will be added together to determine the total estimated price which will become the evaluation price.

The vendor’s proposed price will be evaluated on the basis of price reasonableness. All prices must be considered fair and reasonable as determined by the Government. All quotes submitted in response to this solicitation shall stand firm for 30 calendar days from the response date of this solicitation.

The completion and submission of the above items will constitute a quote and will be considered the vendor’s unconditional assent to the terms and conditions of this Solicitation and any attachments and/or exhibits.

Failure to provide all of these documents by the required date and time may preclude a quotation from award consideration at the discretion of the Government.

52.212-2 EVALUATION

EVALUATION

FAR 52.212-2, Evaluation – Commercial Products and Commercial Services (Nov 2021) — is applicable to this procurement.

(a) The Government will award a contract resulting from this Request for Quotation (RFQ) to the responsible quoter whose quotation conforms to the RFQ and will be the most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate quotations:

1) All Contractor technicians shall be able to obtain a “Green” NAVSEA Badge for NNSY CIA unescorted access

2) Contractor will need CIA access and PPE The Vendor must be an Authorized HP Service Provider

3) "Per FAR 22.102-1(a) entitled "Safety", Contractors are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard cognizance must follow Federal and State OSHA requirements and Norfolk Naval Shipyard OSHE Program Manual, NAVSHIPYDNORINST P5090.2 requirements or safety requirements for site specific location of the contract."

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

Contractors who fail to possess acceptable technical capability will not be considered for award and the other elements of their quotation will not be evaluated.

Price: The vendor’s proposed price will be evaluated on the basis of price reasonableness. All prices must be considered fair and reasonable as determined by the Government.

For purposes of award amongst all of the technically acceptable quotations, delivery schedule will be considered to be of equal importance when compared to price.

NOTE: Quotations determined to be technically unacceptable shall not be further evaluated for award. Of the technically acceptable quotations, the Government reserves the right to award to other than low based upon a selection determined to be the best value to the Government, price and other factors considered.

Although price is considered to be equal in importance to delivery, it has the potential to become more significant during the evaluation process. The importance of price will increase as the degree of equity in a respondent’s non-cost quotations rise. The importance of price will also increase when a quotation’s price is so significantly high as to diminish the value to the Government that might have been gained under the other aspects of the quotation. If at any point in the evaluation all respondents are determined to have submitted equal or generally equivalent non-cost quotations, price may become the factor in determining the contractor selected for award.

STATEMENT OF WORK

1. Objective

1.1 Overhaul Anchor Windlass Starboard HPU-Forward & AFT Hydraulic Pumps.

2. References

2.1 NAVSEA Standard Items (FY24)

3. Equipment Reference Data

3.1 Mechanical power is supplied by a 350-hp, 440-VAC, 60-Hz, 3-Phase, squirrel cage induction AC motor with double ended shaft.

4. Contractor Responsibilities:

4.1 Original Equipment Manufacturer (OEM) Factory Qualified and/or NAVSEA Certified Contractor to provide services to Open/ Inspect (1EA) Starboard Forward Pump PVP62-202-21L-WW00-W2.

Perform an inspection of pump with submission of a Condition Found Report (CFR) detailing repairs (inclusive of parts) necessary to return unit to OEM specification within seven (7) business days of receipt of the Government Furnished Property IAW 009-01 of applicable document 2.1.

4.2 Original Equipment Manufacturer (OEM) Factory Qualified and/or NAVSEA Certified Contractor to provide services to Open/ Inspect (1EA) Starboard Aft Pump PVP62-202-21R-1600-W2. Perform an inspection of pump with submission of a Condition Found Report (CFR) detailing repairs (inclusive of parts) necessary to return unit to OEM specification within seven (7) business days of receipt of the Government Furnished Property IAW 009-01 of applicable document 2.1.

4.3 The Condition Found Report (CFR) shall be forwarded via email to EACH of the following individuals prior to overhaul:

NNSY Code 430 designated representative, and;

NNSY Code 263 designated representative.

After receipt and review of the Condition Found Report (CFR) by the designated representatives, the Government shall determine whether any additional services shall be authorized. The contractor shall not commence any work outside of the current scope of contract without the express authority of a warranted Contracting Officer. In the event that it is determined not to be in the best interest of the Government to authorize repairs, the contractor shall return the material in the condition in which it was received.

4.4 Any request for deviation or waiver of any technical requirement shall be submitted by the Contractor as described in 009-01

4.5 Exchange of a previously overhauled unit is not acceptable due to past shipboard fitment issues.

4.6 Post Overhaul Test Parameters:

4.6.1 Test medium 2135th hydraulic fluid. Alternate hydraulic fluid may be used but requires NNSY approval prior to contract award IAW paragraph 3.4.

4.6.2 Test pump at 1200 rpm at a discharge volume of 202 GPM.

4.6.3 Main Relief Setting 3000 psi (+/-60)

4.6.4 Servo Relief Setting: 850 psi (+/-17)

4.6.5 Replenishing Relief Setting: 175 psi (+/-4)

4.6.6 Set and verify the hoisting direction horsepower limiter. The maximum horsepower of the electric motor shall not exceed 175 HP per connected pump, adjust the HP limiter as required to maintain the maximum electric motor range.

Note: The limiter is adjusted to gradually decrease pressure in the hoisting stroking cylinder (upper cylinder) as the system operating pressure increases beyond 1,500 psi. When system pressure increases above 1,500 psi, the piston and guide assembly begins to move against the spring pressure. As the piston and guide assembly moves, a pin which passes through the guide is forced upward by the rotated cam face (hoist direction only). This action lifts a spool, causing the upper stroking cylinder (larger diameter) to partially relieve pressure and thereby reduce the amount of pump stroke. As system pressure increases from 1,500 psi towards 3,000 psi, the horsepower limiter acts to further reduce pump stroke. When system pressure decreases below 1,500 psi, the piston and guide assembly returns to the initial unloaded position, allowing the spool to drop down to its normal position. The pump then returns to full stroke.

4.7 Pumps to be completely drained of fluid after testing.

4.8 Contractor shall provide Certified Test Reports for above testing on (1ea) Starboard Forward Pump and

(1ea) Starboard AFT Pump IAW 2.1.

4.9 Contractor shall email a copy of Certified Test Reports to the NNSY Code 430 designated representative and NNSY Code 263 designated representative within one (1) business day of knowing results, for approval prior to return of pumps to Norfolk Naval Shipyard. Norfolk Naval Shipyard will provide approval/disapproval of test results within three (3) business days.

5. Delivery

5.1 Norfolk Naval Shipyard shall package/crate and ship (1EA) Starboard Forward Pump PVP62-202-21L-

WW00-W2 and (1EA) Starboard Aft Pump PVP62-202-21R-1600-W2 to the contractor via fastest traceable means possible.

5.2 Contractor shall return the pumps by fastest traceable means possible to Norfolk Naval Shipyard (NNSY), Receiving Officer, Building 276, 23709-5000.

6. Requests for Base Access

6.1 Defense Biometric Identification System (DBIDS):

6.1.1 Any new contractor, vendor or supplier requesting base access AFTER 31 May 2017 will be required to obtain a DBIDS credential. NCACS credentials will no longer be issued.

6.1.2 Only DBIDS credentials will be issued to ALL contractors, vendors and suppliers seeking base access AFTER 14 August 2017.

6.1.3 Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point.

6.2 NCACS Card Holders

6.2.1 If you currently have a Navy Commercial Access Control System (NCACS) card, the following is required to get a DBIDS credential:

6.2.1.1 Present your NCACS Card and a completed copy of the SECNAV FORM 5512/1 to the base Visitor Control Center representative.

6.2.1.2 The VCC will pull up your information in the computer, ensuring all information is current and correct.

6.2.1.3 Once your information is validated, a temporary DBIDS credential is provided.

6.2.1.4 Your temporary credential will have an expiration date, prior to which you will need to obtain your permanent DBIDS credential (~ 90 days).

6.2.1.5 For each additional U.S. Navy installation to which you need access, the first time you visit you only need to bring your DBIDS credential and statement of purpose for base access when arriving at the Visitor Control Center.

6.2.1.6 The representative will enter base access authorization and then you may proceed to work.

6.3 Non-NCACS Card Holders

6.3.1 If you do NOT have an NCACS Card, the following is required to obtain a DBIDS credential:

6.3.1.1 Present a letter or official document from my government sponsoring organization that provides the purpose for your access.

6.3.1.2 Present valid identification, such as a passport or Real ID Act-compliant state driver's license.

6.3.1.3 Present a completed copy of the SECNAV 5512/1 form to obtain your background check.

6.3.1.4 Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments; after all this is done, you will be provided with your new DBIDS credential.

6.3.1.5 You may now proceed to work.

6.4 Non-Participants

6.4.1 One-Day Passes: Participation in the DBIDS is not mandatory, and if the Contractor chooses to not participate, the Contractor's personnel will have to obtain daily passes, be subject to daily mandatory vehicle inspection, and will have limited access to the installation. The Government will not be responsible for any cost or lost time associated with obtaining daily passes or added vehicle inspections incurred by non-participants in the DBIDS.

6.5 FOR ADDITIONAL QUESTIONS ABOUT OBTAINING A DBIDS CARD, CONTACT YOUR

LOCAL BASE VISITOR CONTROL CENTER. INFORMATION IS ALSO PROVIDED AT:

www.cnic.navy.mil/om/dbids.html

7. Period of Performance

7.1 2/17/25 TO 5/30/25

8. Points of Contact

8.1 Code 263 POC: TBD

8.2 Invoice Certifying POC: TBD

9. Place of Performance

9.1 Awarded Contractor Facility

10. Government Furnished Material (GFM)

10.1 LLTM

10.1.1 None

10.2 Push Material:

10.2.1 None

10.3 Kitted Material:

10.3.1 (1EA) Starboard Forward Pump PVP62-202-21L-WW00-W2.

10.3.2 (1EA) Starboard Aft Pump PVP62-202-21R-1600-W2.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Open and Inspect Starboard Forward Pump

FFP

Starboard Forward Pump PVP62-202-21L-WW00-W2 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

MILSTRIP: N4215825RC50310

PURCHASE REQUEST NUMBER: N4215825RC50310

PSC CD: J039

NET AMT

0002 1 Job Test and Repair Starboard Forward Pump

FFP

Starboard Forward Pump PVP62-202-21L-WW00-W2 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

0003 1 Job Open and Inspect Starboard Aft Pump

FFP

Starboard Aft Pump PVP62-202-21R-1600-W2 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

0004 1 Job Test and Repair Starboard Aft Pump

FFP

Starboard Aft Pump PVP62-202-21R-1600-W2 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Contractor NORFOLK NAVAL SHIPYARD

COR IDENTIFIED IN PWS

PORTSMOUTH VA 23709

Government

0002 Origin Contractor NORFOLK NAVAL SHIPYARD

COR IDENTIFIED IN PWS

PORTSMOUTH VA 23709

Government

0003 Origin Contractor NORFOLK NAVAL SHIPYARD

COR IDENTIFIED IN PWS

PORTSMOUTH VA 23709

Government

0004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 17-FEB-2025 TO

30-MAY-2025

N/A NORFOLK NAVAL SHIPYARD

SEE TECHNICAL POINTS OF CONTACT

SEE STATEMENT OF WORK

PORTSMOUTH VA 23709-5000

FOB: Destination

N42158

0002 POP 17-FEB-2025 TO

30-MAY-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 17-FEB-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 17-FEB-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-28 Federal Acquisition Supply Chain Security Act Orders--

Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

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

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.246-1 Contractor Inspection Requirements APR 1984 52.247-25 Government Furnished Equipment With or Without Operators 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 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

MAY 2024

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

JAN 2023

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

JAN 2023

252.232-7003 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

252.245-7003 Contractor Property Management System Administration APR 2012 252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 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 [ ___ ]…