Combined Synopsis Solicitation.pdf

H92240-22-Q-2032

COMBINED SYNOPSIS/SOLICITATION

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the policies and procedures using FAR subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items; and FAR Part 13, Simplified Acquisition Procedures; 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.

Solicitation H92240-22-Q-2032 is issued as a request for quotation (RFQ).

It is the Government’s intent to establish a single award Firm Fixed-Price (FFP) Commercial Services Five-Year Indefinite Delivery Indefinite Quantity (IDIQ) type contract issuing Firm Fixed Priced Task Orders (TO).

The Government, through the issuance of the first task order will satisfy the minimum quantity and amount for the life of this contract in its entirety. After issuance of the first task order satisfying the minimum order guarantee, the Government will not be obligated to purchase any additional services hereunder. The minimum order guarantee(s) under this contract is $2,500.00. There is no minimum guarantee for subsequent ordering periods.

The maximum value of this contract Five-Year ordering period shall be any amount or combination thereof the exhibit line items (Attachment II – ELIN Pricing) in an amount not exceeding $363,000.00; the ceiling is established at the IDIQ contract level.

The associated North American Industrial Classification System (NAICS) code for this procurement is:

NAICS code 611513 Small Business Size Standard $10 million

The solicitation document and incorporated provisions and clauses are those in effect through: Federal Acquisition Circular (FAC) 2022-06 Effective: 01 May 2022, DFARS Publication Notice (DPN) 20220428 Effective: 28 April 2022 and SOFAR Change Notice (SCN) 201811.

CLIN Structure Responsible quoters shall provide pricing in Attachment II – ELIN Pricing. Note pdf version of Attachment II will not be accepted.

Delivery/Performance/FOB Origin Contractor Facility In accordance with Attachment I – Performance Work Statement (PWS) all training shall be conducted at the Offeror’s facility. Offeror’s training facilities shall be within a 50-mile radius of Virginia Beach, VA. Offerors who proposed a facility outside of a 50-mile radius will be deemed technically unacceptable and the quote submission will not be evaluated for award.

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND

COMMERIAL SERVICES (NOV 2021)

(m) Quote Preparation and Submission Instructions.

(1) QUESTIONS: Offerors may submit written questions during the proposal preparation period. All questions shall be submitted electronically to linda.lareau@socom.mil and Emily.lonigro@socom.mil and must be received no later than 10:00 A.M. (EDT) on 15 June 2022 to allow adequate time to prepare a response prior to the date and time set for receipt of quotes. Only written questions will receive a response.

It is required that each question shall include the document name, document date, specific page, paragraph, clause, or other definitive citation requiring clarification. All questions shall be directed to the Contracting mailto:linda.lareau@socom.mil mailto:Emily.lonigro@socom.mil

Office by email, citing the following subject line structure “H92240-22-Q-2032_OFFEROR NAME_Question”.

(2) QUOTE/PROPOSAL: Quotes are due no later than 1 July 2022 at 10:00 A.M. (EDT). The quotes shall be valid for no less than 180 days from the date of RFQ closing, a statement affirming this fact shall be included in the Introduction.

a. Quotes shall be submitted electronically to linda.lareau@socom.mil or Emily.lonigro@socom.mil. Email is the only acceptable method of submission. No facsimile quotes will be accepted. Submission of quote(s) through the SAM system is not permitted. All quotes shall be directed to the Contracting Office by email, citing the following subject line structure “H92240-22-Q-2032_OFFEROR NAME”. Electronic quotes shall contain separate files for each volume and shall be labeled as follows “H92240-22-Q-2032_OFFEROR NAME_VOL X”. Individual emails shall not exceed 10MB.

b. Offerors are responsible for ensuring the successful delivery of proposals to the Government office identified in the previous paragraph by the due date/time. Offerors are encouraged to submit the proposal with sufficient lead time to ensure all documents are successfully received by the contracting team prior to the closing date and time. The contracting team will confirm receipt of your quote/proposal. If you do not receive a confirmation, you can assume your quote/proposal was NOT received.

c. Please be advised that timelines are determined by the date and time an Offeror’s proposal is received, not when an Offeror attempts transmission. Any proposal/quote received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” in accordance with FAR 15.208(b) and will not be considered unless (1) the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and (2) there is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers.

d. Quotes shall be submitted in accordance with the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quotes. The quote shall be a complete response to the Attachment I - Performance Work Statement (PWS) and the requirements of this RFQ, taking into consideration required quantities and delivery schedules specified in this solicitation. The successful Offeror will be selected based on an evaluation of quotes as outlined in FAR 52.212-2, incorporated below.

e. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale in their proposal.

(n) Quote Format and Content

The quote page format will be 8 1/2" x 11”. A page is defined as one face of a sheet of paper containing information.

Type shall not be less than 12 pitch. Elaborate formats or color presentations are not desired or required.

VOLUME I – Introduction

Offeror shall provide the following information:

1. A statement affirming the quotes shall be valid for no less than 180 days from the date of RFQ closing.

2. Contractor Name, Commercial and SAM Unique Entity ID (UEI) Code, Dun and Bradstreet (DUNs)

Number, and Tax Identification Number (TIN).

mailto:linda.lareau@socom.mil mailto:Emily.lonigro@socom.mil

3. Name, telephone numbers, and email address of person(s) to be contacted for clarification or questions pertaining to the quote.

4. FILL IN CLAUSES: Quoters must be registered in the System for Award Management (SAM) to be eligible for award; Quotes received without the completed copy of the provision at FAR 52.212-3 or completed SAM representation may be considered non-compliant. Quotes determined non-compliant may not be evaluated for award. Quoters must provide all fill-ins for:

a. 52.212-3 Offeror Representations and Certifications -- Commercial Products and Commercial Services (NOV 2021) (or completed SAM representation)

b. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

c. 52.204-26 Covered Telecommunications Equipment or Services-Representation.

d. 5652.204-9004 Foreign Persons (May 2006)

5. Terms and Conditions: The Offeror must include a statement that it either (a) agrees to the terms and conditions of this solicitation (which consists of the entire RFQ, including all documents, exhibits, and other attachments that are incorporated therein by reference and made a part thereof) and any solicitation amendments; or (b) if the Offeror objects to any of the terms and conditions contained in this solicitation, the contractor shall state "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" [Offeror shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the Offeror to identify in their quote any exceptions to the terms and conditions of the solicitation. If the Offeror does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Offeror’s acceptance of the Government's terms and conditions for inclusion into the resultant base IDIQ and future task orders.

a. Exceptions to any of the terms and conditions of this RFQ may be considered by the Government to be unacceptable.

VOLUME II – FACTOR I: Technical

The Technical quote shall address the Offeror’s technical capabilities to accomplish the work to by providing specific narrative details and/ or description of actual methods, processes, and procedures H92240-22-Q-2032 for providing the required personnel, management, materials, equipment, and facilities necessary to provide the services as described in Attachment 1--Performance Work Statement (PWS). General statements that the Offeror understands the problem and can or will comply with the requirements of the RFQ will be considered inadequate. Also, Offerors are cautioned not to simply rephrase or restate the government’s requirements in the proposal but furnish convincing narratives describing “how” they intend to meet these requirements. The Offeror shall limit the Technical Section to 15 pages.

1. Technical Capability. Offerors shall clearly demonstrate the technical capability and Instructor Qualifications to meet all aspects of Attachment 1—PWS. Technical submission shall contain sufficient detail to determine offeror’s ability to meet the requirements. Include but not limited to the following:

a. Instructor resumes, biographies of intended faculty/instructors shall be provided.

b. Offerors shall provide a description of lessons learned from previous efforts of similar scope and size and how those will be applied this requirement.

c. Shall include specific examples, including any processes and procedures that demonstrate the

Offeror’s experience in staffing requirements with subject matter experts possessing plumbing defined skills sets, and capability to train/develop those personnel.

d. Shall provide an approach for suitable to respond to the types of requirements delineated in Attachment I – Performance Work Statement.

e. Shall provide examples of how the Offeror proposes to fill instructor requirements and COI establishment. Shall include methods of communication internally to Offeror and external to the Government, over watch, and execution of continuous professional development for assigned personnel.

f. Shall describe the management and oversight processes that will be used to determine risks associated with the requirements set forth in the PWS, identify issues in executing PWS requirements, and track them until mitigated or resolved. Include methods and procedures for quality monitoring and tracking that identifies how the Offeror will be able to apply resources that will address problem areas quickly and ensure compliance with all contract requirements.

g. Assuming 30 days from notice of award to the performance start date, Offeror shall provide a detailed milestone transition schedule to ensure performance is guaranteed on day one of the period of performance. Offerors shall discuss transition at both the Program and individual task order levels, providing key milestones for task order awards based on a 14-day transition period for task orders.

h. The Offeror shall provide a comprehensive narrative to demonstrate an understanding of the complexity and varying requirements within Attachment I – Performance Work Statement.

The quote shall provide the Government with sufficient confidence that the Offeror understands the scope of the training challenges and the related critical support areas.

2. Relevant Experience. Offeror shall provide sufficiently detailed information for it to demonstrate that it has at least two years of recent experience (within the last three years) delivering the same or very similar services as required in this solicitation; and have resources available to enable the offeror to fulfill requirements.

VOLUME III – FACTOR II: Price

1. The Offeror shall provide a Firm Fixed Price proposal including all labor, material, travel (if required), and overall costs to meet the requirements. Price/cost information shall only be addressed within this volume. It is anticipated that adequate price competition will be available to determine price reasonableness. In the event that the price reasonableness cannot be determined based on adequate competition, the Contracting Officer may require the submittal of other than cost or pricing data in accordance with FAR 15.403-3.

2. Offerors shall provide a detailed price breakdown of each individual COI by completing RFQ Attachment II - Exhibit Line Item Numbers (ELINs) Price Spreadsheet. Completed copy of Attachment II – ELIN Pricing by ordering year. Under each ordering year, the Contractor shall use the proposed ELIN structure for pricing purposes at both the basic contract and task order level.

a. Offerors shall provide the rationale, including all relevant calculations (to include apportionment method used to generate ELIN Pricing) and/or weightings, used for development of the proposed ELIN Pricing. The Offeror shall address the rationale of the proposed escalation rate(s), by ordering year. ELIN Pricing shall be based upon a yearly ordering period. For purposes of establishing ELIN pricing Offerors shall use the following ordering year performance dates:

i. Ordering Period 1 - 30 July 2022 - 29 July 2023

ii. Ordering Period 2 - 30 July 2023 - 29 July 2024

iii. Ordering Period 3 - 30 July 2024 - 29 July 2025

iv. Ordering Period 4 - 30 July 2025 - 29 July 2026

v. Ordering Period 5 - 30 July 2026 - 29 July 2027

3. Offerors shall submit one written narrative applicable to all ELIN categories. The narrative shall provide a detailed breakdown of proposed costs to include any general cost assumptions, a list of any subcontractors proposed (if applicable), an explanation of the methodology used to develop the unburdened and fully burdened ELIN rates defined in Attachment II – ELIN Spreadsheet, supporting documentation for the proposed compensation plan, and any escalation or de-escalation of rates. This, in addition to the proposed Compensation Plan(s), will demonstrate an understanding of the requirements and ability to attract and retain individuals with the requisite skill sets necessary to successfully execute the requirements. The narrative summary will not be evaluated but rather will be used to guide the evaluators’ analysis of the proposal and Compensation Plan. Unrealistically low-cost estimates, initially or subsequently, may be grounds for eliminating a proposal from competition either on the grounds that the Offeror does not understand the requirement or that it has made an unrealistic proposal. The burden of proof of cost credibility rests with the Offeror, and the numbers must be verifiable. If the Government determines an Offerors’ estimates to be inexplicably low, that Offeror may be eliminated from the competition without further discussion.

4. Restriction on disclosure and use of data. Quoters that include in their quotes data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall

a. Mark the title page with the following legend:

i. This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

b. Mark each sheet of data it wishes to restrict with the following legend:

i. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

5. Realism. The cost quote is the Offerors’ cost and fee to perform the work described in this solicitation and will be used in the analysis of the completeness, realism, and reasonableness of the cost proposal (per FAR 15.404-1). Therefore, any inconsistency, whether real or apparent, between promised performance and cost or price should be explained in the cost volume. All labor and burden rates proposed must be fully substantiated. Inconsistences between technical and price, if unexplained, raises a fundamental issue of the Offeror’s understanding of the nature and scope of the work required and/or its ability to perform the required services. Offerors are encouraged to provide sufficient detail for the Government to determine fair and reasonableness of the total evaluated price (TEP).

a. The TEP shall consist of the combined total prices of all years, for (1) ELIN pricing per year provided in Attachment II – ELIN Pricing. NOTE: The total extended price of the labor category pricing spreadsheet is for evaluation purposes only and does not bind the Government to execute the evaluated number of hours.

6. Services Contract Labor Standards (SCLS). Although the Services Contract Labor Standards (SCLS)

(formerly Service Contract Act) and applicable provisions of the Fair Labor Standards Act (FLSA) are applicable to this requirement, the Government does not believe the minimum rates included in the Department of Labor Wage Determinations (WD) listed in Attachment III – SCLS Wage Determination Lists are realistic for the specific type of knowledge-based services and labor categories as listed and required for this solicitation. Offerors shall complete the required occupation mapping of proposed personnel based on the requirements in Attachment I – Performance Work Statement. Any position which the Offeror proposes as ‘exempt’ from the SCLS, the Offeror shall provide detailed rationale to validate its methodology, as well as a complete breakdown of the proposed wage rate. Any position which the Offeror proposes as “non-exempt” from the SCLS, the Offeror shall provide the proposed correlating occupational code. (or) The Offeror shall include the information needed for a “Conformance Request” for any position proposed as “non-exempt” from the SCLS which the Offeror is unable to map to an existing occupation code. The information needed for a “Conformance Request” may be found at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/SCA_Conformance_Guide.pdf

52.212-2 EVALUATION -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award an IDIQ contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government price and other factors considered and Offeror’s who quotation conforming to the solicitation, is the lowest price, technically acceptable quotation. The following factors shall be used to evaluate offers:

1. Factor 1 – Technical Capability: Quotes will be evaluated to confirm that the Offeror clearly demonstrates the technical capability and relevant experience to meet all aspects of Attachment I – Performance Work Statement. The proposal will be evaluated to ensure offeror demonstrates that it has at least two years of recent/relevant experience (within the last three years) delivering the same or very similar services as required in this solicitation; and have resources available to enable the offeror to meet all requirements. Technically acceptable means that the Offeror provides a quotation that meets or exceeds the requirements with Attachment I – Performance Statement of Work.

2. Factor 2 – Price: All prices will be evaluated for reasonableness IAW FAR 13.106-3. Price will be evaluated for all Offerors whose quotations are determined technically acceptable. Price will be evaluated to determine that total evaluated price is consistent with the technical portion of the quotation and is a fair and reasonable overall price to the Government. The Government may require additional “other than cost and pricing data” prior to award. (Attachment II – ELIN Pricing)

(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.

(End of provision)

PROVISIONS AND CLAUSES

The latest version of the following PROVISIONS AND CLAUSES apply to this acquisition and will be incorporated into any resultant contract.

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

52.204-2 Security Requirements 52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.204-21 Basic Safeguarding of Covered Contractor Information 52.204-24 Representation Regarding Certain Telecommunications and Video

52.204-26 Covered Telecommunications Equipment or Services-Representation 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-

Representation (NOV 2015) 52.209-5 Certification Regarding Responsibility Matters (Aug 2020)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services.

(See Addendum)

52.212-2 Evaluation -- Commercial Products and Commercial Services. (See Addendum)

52.212-3 Alt. I - Offeror Reps and Certs 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial

Services.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders-Commercial Products and Commercial Services. (See Addendum)

52.216-18 Ordering 52.216-19 Order Limitations 52.216-22 Indefinite Quantity (see addendum) 52.217-5 Evaluation of Options 52.217-8 Option to Extend Services 52.217-9 Option to Extend the terms of the Contract 52.222-49 Service Contract Labor Standards–Place of Performance Unknown 52.232-18 Availability of Funds 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.242-13 Bankruptcy 52.246-4 Inspection of Services-Fixed-Price 52.247-30 F.O.B. Origin, Contractors Facility 52.252-1 Solicitation Provisions Incorporated by Reference

52.252-2 Clauses Incorporated by Reference https://www.acquisition.gov/browse/index/far/

52.252-6 Authorized Deviations in Clauses

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 or 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.

http://farsite.hill.af.mil/ http://www.acq.osd.mil/ http://farsite.hill.af.mil/ http://farsite.hill.af.mil/ https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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) Representation. 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— https://www.sam.gov/

(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) (1) Representation. 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)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

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

COMMERCIAL SERVICES. (NOV 2021)

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

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. 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 "—

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 the field of operation in which it is bidding on Government contracts, 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 with13 CFR 124.1002, 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 at13 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 $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(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 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.

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.

(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 will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:___________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a…