Combined Synopsis Solicitation H9224026QE01.pdf

H9224026QE001

COMBINED SYNOPSIS/SOLICITATION

H9224026QE01

01/22/2026

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 separate written solicitation will not be issued.

Solicitation H9224026QE01 is issued as a request for quotation (RFQ). It is the Government’s intent to award a Firm-Fixed-Price Single-Award Indefinite Delivery Indefinite Quantity (IDIQ) Ordering Contract. The ordering contract will have five (5) one (1) year ordering periods with a total capacity of $7,500,000.00. The services provided under this ordering contract are defined in this RFQ.

This is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set aside. Only SBA certified SDVOSB or SDVOSB Joint Venture firms that are certified under the applicable North American Classification System (NAICS) code size standard listed below at time of quote submission are eligible for award. SDVOSB or SDVOSB Joint Venture SBA certification status will be verified at https://search.certification.sba.gov/.

To receive attachments 1–6 of this combined synopsis/solicitation, interested firms shall submit a request via email to:

- jefferey.a.ball.civ@socom.mil.

The subject line of your email must follow this precise format:

- Subject: RFQ H9224026QE01 - Request RFQ Attachments – [Your Firm’s Name]

The following information must be included in the body of your email:

- Unique Entity Identifier (UEI): Your firm’s UEI, issued by the Federal Government through SAM.gov.

- Point of Contact (POC): The full name, email address, and phone number of your designated point of contact

The associated NAICS code for this procurement is:

NAICS code 611692 Small Business Size Standard $10M

The solicitation document and anticipated contract award incorporates one or more clauses by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make the full text available. Also, the full text of a provision or clause may be accessed electronically at this address:

Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and United States Special Operations Command Federal Acquisition Regulation Supplement (SOFARS) clauses and provisions:

https://www.acquisition.gov.

CLIN Structure

CLIN Description Total Potential Capacity

0001 Tactical Ground Mobility (TGM) Lead Driver, Five (5) – One (1) Year Ordering

Periods In Accordance With Base IDIQ Attachment 1 - Performance Work Statement (PWS) and Base IDIQ Attachment 2 - Price Spreadsheet Pricing Arrangement: Firm Fixed Price

$7,500,000.00

ELIN Pricing Responsible quoters shall submit their pricing in Attachment 2 – ELIN Pricing Sheet that is provided in this combined Synopsis/Solicitation. All pricing provided shall be inclusive of all requirements for execution under a Firm-Fixed-Price.

Delivery/Performance/FOB Destination

Period of Performance: Five (5) One (1) Year Ordering Periods. See Attachment 1 – Performance Work Statement. Specific period of performance to be determined at time of contract award.

Place of Performance: Contractor’s facility/land within 400-mile driving distance from Silver Strand Training Complex, Coronado, CA – See Attachment 1 – Performance Work Statement.

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEPT 2023)

(m) Quote Preparation and Submission Instructions.

Interested parties are responsible for monitoring the https://sam.gov website regarding this solicitation.

1) The Government will make a best value tradeoff award decision. The Government will award all or none of the items indicated in Attachment 1, Performance Work Statement. The following factors will be evaluated: (a) Technical Capability and (b) Price.

2) Quote Format and Content. Quotes shall be submitted electronically by email and address the sections listed below. Individual emails may not exceed 10 MB. Submissions with .zip files are not acceptable and will not be delivered by the Government email server. The Government server does not generate rejection notices, and it may not forward a file if quarantined. As such it is the vendor’s responsibility to ensure its quote is received.

Offerors may send multiple emails in submitting a complete quote. In submitting emails, Offerors shall identify the total number of emails and addendums associated with the full quote. Type shall not be less than 10-point font size.

3) Question Submission: All questions shall be submitted utilizing this Combined Synopsis/Solicitation

Attachment 4 – Questions and Answers Excel Spreadsheet. Questions shall be emailed to the Contracting Officer and received No Later Than (NLT) than 4:00 PM Central Standard Time on 6 February 2026, to allow adequate time to prepare and issue responses prior to the date and time set for receipt of quotes.

a) The email should cite “H9224026QE001” in the subject line and be sent to the following email address:

jefferey.a.ball.civ@socom.mil.

b) Questions received after this date run the risk of not being answered.

c) Only written questions will receive a response. It is required that each question include the document name, specific page, paragraph, clause or other definitive citation for which the vendor is requesting clarification.

See Attachment 4 – Questions and Answers.

4) Quote Submission: All quotes shall be submitted NLT 4:00 PM Central Standard Time on 23 February

2026. Quotes shall be emailed to: jefferey.a.ball.civ@socom.mil with the following in the subject line:

QUOTE FOR H9224026QE001.

5) QUOTE VOLUMES: Quotes shall contain the following separate volumes:

a) (VOLUME 1) ADMINISTRATIVE INFORMATION: Complete business address of the Offeror, the corporate name to be used on any resultant contract, and the remittance address if different from that above.

If this name does not identify a "parent company" or sponsoring "corporation" name, also provide such identity, as appropriate.

i) The Quoter’s Commercial and Government Entity (CAGE) Code and Unique Entity Identifier (UEI)

Number.

ii) Name, telephone numbers and e-mail address of the person(s) to serve as the main point(s) of contact.

iii) Fill-In Clauses: Provide all fill-ins and representations and certifications required by the solicitation for inclusion in any resulting contract. The Quoter must be registered in the System for Award Management (SAM) and registration must be “Active” to be eligible for award. Quotes received without the completed copy of the provision at FAR 52.212-3 Alt I Deviation or completed SAM representation may be considered non-compliant.

iv) Provisions: Offerors shall also complete the provisions at:

(1) FAR 52.204-20 (if applicable)

(2) FAR 52.204-24 and 52.204-26

(3) SOFARS 5652.204-9004

v) Terms and Conditions: The Quoter must include a statement that it either –

(1) agrees to the terms and conditions of this solicitation (which consists of the entire RFQ, including all documents, and attachments that are incorporated therein by reference and made a part thereof) and any solicitation amendments; or

(2) takes exceptions to any terms or conditions of the solicitation, and clearly identifies those exceptions. Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Exceptions to any of the terms and conditions of this RFQ will be considered by the Government and may render the quotation ineligible for award.

b) (VOLUME 2) FACTOR 1 – TECHNICAL CAPABILITY: Submit a narrative response (max 10 pages, excluding resumes, certificates, licenses, proof of land rights, and vehicle ownership from the page limit) demonstrating your understanding and approach to meeting all the requirements in Attachment 1 – Performance Work Statement. The narrative must address the following:

i) Provide details of your proposed training location(s) and the legal land rights your firm currently holds or plans to secure to conduct training as outlined in Attachment 1 - PWS. If applicable, include evidence of pending or established land rights, such as lease agreements, purchase agreements, titles, or deeds. All evidence must be verifiable legal documents.

ii) Explain how the proposed training location meets the requirements in Attachment 1 - PWS, including facilities, lodging for up to 17 personnel, terrain features, off-road areas, and environmental conditions.

Include maps or illustrations to show suitability.

iii) List the Non-Standard Commercial Vehicles (NSCV) to be provided, explaining how they meet or exceed PWS requirements. Include details on maintenance, reliability, and availability relative to the contract award date. Provide photos, specifications, and proof of legal ownership or assurance of ownership (e.g., agreements or titles).

iv) Provide an outline of the proposed curriculum and objectives for the tactical ground mobility courses, including course structure, duration, topics, and training methods (e.g., classroom, hands-on, field exercises). Detail safety protocols that meet applicable requirements, identify potential risks (e.g., weather, vehicle issues, safety concerns), and explain how training effectiveness will be measured (e.g., evaluations, assessments, feedback). Ensure alignment with PWS requirements.

v) Provide detailed information demonstrating recent and recurring experience within the past three years in delivering similar services required by this RFQ. In accordance with the PWS, submit resumes, certifications, and licenses for instructors. Resumes should highlight qualifications, relevant and recent experience, and expertise in tailoring training to special operations forces objectives.

(1) VOLUME 2 APPENDIX: Resumes, Certificates, Licenses, Proof of Land Rights (or assurance of such rights by the time of contract award), Proof of Ownership of Vehicles.

c) (VOLUME 3) FACTOR 2 - PRICE: Offerors shall provide a complete firm-fixed price quote using "Attachment 2 – ELIN Pricing Sheet." Pricing must be submitted for all Exhibit Line Item Numbers (ELINs) across all five ordering periods, as well as for the option to extend services up to six months described in FAR 52.217-8. The total evaluated price will consist of the sum of all priced ELINs in the 5 ordering periods and the priced option described in FAR 52.217-8. Partial quotes will not be evaluated.

Prior to award, the Government may require additional "other than cost or pricing data."

(End of provision)

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

Factor 1 – Technical Capability Factor 2 – Price

Technical is more important than price.

All quotes received from eligible Quoters will be initially evaluated for completeness and conformance with the RFQ instructions. Incomplete and/or nonconforming quotes may not be further evaluated. Following the conformance review, the Contracting Officer and the Government Evaluation Team will conduct an integrated assessment of the quotes which may result in a higher priced contract award for a quote that provides the best value to the Government in accordance with the RFQ. The Government intends to award a contract without discussions, but reserves the right to conduct discussions, if deemed necessary.

Factor 1 - Technical Capability. The technical narrative and any associated attachments will be evaluated based on the degree to which they demonstrate the capability to successfully perform all the requirements in Attachment 1-

Performance Work Statement. Specifically, the evaluation will focus on the technical capabilities associated with the proposed training location(s), vehicles, curriculum, safety, recent and recurring experience, and personnel qualifications/certifications/licenses, and. Additional merit will be considered on quotes that demonstrate the firm's ability to conduct training immediately at time of contract award. To successfully demonstrate this ability, firms must provide legal documentation proving they currently have the required land rights and vehicles or legal assurance that land rights and vehicles will be available at time of contract award.

During evaluation of each quote, the Government will assign the technical factor an overall rating as shown below.

Factor 1 Combined Technical/Risk Ratings

Adjectival Rating Description

Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable.

Proposal is un-awardable.

Definitions

STRENGTH Is an aspect of an offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

WEAKNESS Means a flaw in the proposal that increases the risk of unsuccessful contract performance.

SIGNIFICANT

WEAKNESS

Means a flaw that appreciably increases the risk of unsuccessful contract performance.

DEFICIENCY Is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

Factor 2 – Price.

(a) In accordance with FAR 13.106-3, the government will evaluate price quotes to determine that the proposed price is fair and reasonable. The Government will evaluate the price quote’s Total Evaluated Price (TEP) for award purposes. TEP is the sum of all Exhibit Line Item Numbers (ELINs) including the total price for the six-month option to extend services under FAR 52.217-8. Attachment 2 ELIN Price Sheet automatically formulates the TEP.

Offerors are required to submit a complete, firm-fixed price for all ELINs listed in "Attachment 2 – ELIN Pricing Sheet," including the option period. Partial quotes will not be evaluated or considered for award.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for the option to the total price for the basic requirement. Evaluation of the option shall not obligate the Government to exercise the option.

(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party.

Before the quoter’s specified expiration time, the Government may accept a quote, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.232-18 Availability of Funds (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

PROVISIONS AND CLAUSES

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

52.203-3 Gratuities

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 Systems.

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

52.209-7 Information Regarding Responsibility Matters.

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

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

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services.

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation.

52.252-1 Solicitation Provisions Incorporated by Reference. (https://www.acquisition.gov/)

52.252-2 Clauses Incorporated by Reference. (https://www.acquisition.gov/)

52.252-6 Authorized Deviations in Clauses. (https://www.acquisition.gov/)

DFARS

252.201-7000 Contracting Officer's Representative.

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

252.204-7000 Disclosure of Information.

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-O0013 REVISION 1)

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

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

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

252.204-7020 Notice of NIST SP 800-171 DoD Assessment

252.204-7021 Cybersecurity Maturity Model Certification Requirements.

252.204-7022 Expediting Contract Closeout.

252.204-7024 Notice on the Use of the Supplier Performance Risk System.

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

252.225-7012 Preference for Certain Domestic Commodities.

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation.

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

252.232-7010 Levies on Contract Payments.

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

252.243-7001 Pricing of Contract Modifications.

252.243-7002 Requests for Equitable Adjustment.

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

252.245-7003 Contractor Property Management System Administration

252.245-7005 Management and Reporting of Government Property

252.246-7008 Sources of Electronic Parts

252.247-7023 Transportation of Supplies by Sea.

OFFERORS SHALL COMPLETE AND PROVIDE WITH QUOTE SUBMISSION.

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision– Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____________ (or mark "Unknown").

Predecessor legal name: ____________.

(Do not use a "doing business as" name).

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.

(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—

(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.

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)

52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures. (Dec 2023)

FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS-REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEVIATION 2025-O0003/ DEVIATION 2025-O0004) (MAR 2025)

ALTERNATE I (MAR 2025)

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

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

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—

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

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

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties’ control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

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

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

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

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing…